Judge warns: “Don’t use untrained advisers to draft your will”
The cost of getting your will wrong
JOHANNESBURG – Dealing with the death of a loved one isn’t easy but it can be made harder if they never drafted their will or drafted it incorrectly.
Judge Leach in his June 1 ruling over a contested will warned: “It is a never-ending source of amazement that so many people rely on untrained advisors when preparing their wills, one of the most important documents they are ever likely to sign. This is by no means a recent phenomenon. Some 60 years ago, in Ex Parte Kock NO,1 a High Court decried the number of instances in which wills had to be rejected as invalid due to a lack of compliance with prescribed formalities and the regularity with which the courts were being approached to construe badly drafted wills, before urging intending testators ‘in their own interests as well as in the interests of those whom they intend to benefit when they die . . . to consult only persons who are suitably trained in the drafting and execution of wills and other deeds containing testamentary dispositions’. Despite this, the courts continue all too often to be called on to deal with disputed wills which are the product of shoddy drafting or incompetent advice. This is another such case”.