National Wills Week in Maletswai
Story: Phumla Ngubo | Photo: Phumla Ngubo
The Department of Justice, in collaboration with the housing department of Walter Sisulu Local Municipality (WSLM), recently visited Wards 6 and 10 in WSLM to provide information and support to the community. The focus of the visit was to raise awareness about the National Wills Week program, which aims to encourage individuals to create wills and to familiarise them with the procedures for handling the estate of a deceased person, along with other services offered by the Master of the High Court. This annual initiative, organized by the Law Society of South Africa, enables participating law firms to provide free basic will drafting services.
During the visit, the Department of Justice team also recommended that community members consult with the local municipality regarding property valuation if they consider selling their homes. They emphasized that the department cannot assist with the sale of houses that exceed a certain value, and in such cases, the housing department should be contacted. Masonwabe Tikana, Director of the Local Economic Development (LED) unit, urged community members to involve a conveyancer in property sales, particularly if the amount exceeds the specified limit.
Lungelwa Veronica Made, Master of the High Court manager, explained that in the event of a marriage in community of property, one-half of the estate belongs to the surviving spouse. She also clarified that in the absence of a will, the beneficiaries will appoint an executor who will be responsible for managing the assets and distributing the estate among family members.
Community members had the opportunity to seek clarification on various matters, including ownership, title deeds, and letters of authority, which were explained in a detailed manner. Nosiviwe Nqenqa, Estate Controller Master of the High Court provided insights into the significance of National Wills Week, the importance of having a will, the administration of a deceased will estate, types of marriages and their impact on the deceased estate. Additionally, she outlined the required documents to access any relevant cases, the role of the Municipality, and the applicable laws. In conclusion, Nqenqa emphasized that customary marriage is recognized as a marriage in community of property at the High Court, provided there is sufficient evidence that the spouses were traditionally married.
The visit concluded with a strong emphasis on the significance of National Wills Week and the need for individuals to prepare a will to ensure their estates are managed according to their wishes, bringing peace of mind to themselves and their families.