Who Should Read Your Will? The Legal Benefits of Choosing an Attorney
The Role of Attorneys in Honouring Your Final Wishes
When the sun sets on a life well lived, a will becomes the voice of the departed. But who should speak those final words? In the emotionally charged days following the loss of a loved one, clarity and compassion are vital. That’s why designating a professional, such as your attorney, to read your will to your family isn’t just a wise choice; it’s an act of foresight, care, and protection.
At Mary-Jane Mphahlele Attorneys Inc, we believe that how your wishes are communicated is just as important as what they say.
The Dignity of Delivery: Why an Attorney Should Read Your Will When an attorney reads your will, it offers several key advantages:
1. Professionalism and Neutrality: A legal professional brings a sense of calm and impartiality to what can be an emotionally fraught moment. Family members may interpret provisions differently, especially if the will touches on sensitive matters like inheritance shares, guardianship, or business succession. An attorney can explain your intentions clearly, mitigating misunderstandings and emotional conflicts.
2. Legal Clarity: Wills often contain legal terminology that can confuse laypersons. A qualified attorney can interpret these clauses and explain them in plain language, ensuring that your wishes are correctly understood and carried out.
3. Conflict Prevention: Unfortunately, death sometimes brings out the worst in people. Disputes can arise, especially when family dynamics are complex. An attorney’s presence lends authority to the proceedings and helps defuse tension before it escalates.
4. Efficient Execution: If the appointed executor is uncertain or overwhelmed, the attorney can assist or even act as executor, ensuring the estate is administered efficiently and lawfully.
Understanding the Estate Reporting Process Whether you have a will (testate) or die without one (intestate), your estate must be reported to the Master of the High Court.
Here's a brief outline of the process:
When a Will Exists (Testate Estate):
1. The family or attorney reports the death to the Master with reporting documents, supporting documents and the original will.
2. The nominated executor applies for Letters of Executorship.
3. The executor, often assisted by an attorney, manages the estate, collecting assets, settling debts, and distributing inheritances in accordance with the will.
When No Will Exists (Intestate Estate) :
1. The estate is reported similarly, but since there is no nominated executor, the Master appoints, on application, someone, usually a family member, to serve.
2. Distribution follows the Intestate Succession Act, which may not align with the deceased’s unrecorded wishes.
When Wills Are Questioned: Challenging Validity Designating an attorney to read and interpret your will also strengthens its defensibility. Wills can be challenged on grounds such as:
Undue influence
Lack of mental capacity
Improper execution or witnessing
Having a professional involved throughout, from drafting to reading, adds credibility and reduces the risk of legal challenges. An attorney can testify to the mental state and voluntary nature of the testator’s decisions if needed.
Final Thoughts
Designating your attorney to read your will isn't just a legal formality, it's a powerful gesture of care. It protects your legacy, eases the burden on your loved ones, and ensures your final wishes are delivered with the respect they deserve. At Mary-Jane Mphahlele Attorneys Inc, we specialise in wills, estates, and family legacy planning.
Let us help you craft a will that not only speaks for you, but also brings peace to those you leave behind.
Need help with your will or estate planning?
Contact us today for a confidential consultation. 📞 Phone: 079 809 1300 | 015 023 0013 ✉️ Email: info@mjmattorneys.co.za 🌐 Website: www.mjmattorneys.co.za 🏢 Office Address: 60 Landdros Mare Str, Thabakgolo Building, Polokwane, 0699