Pitfalls of dying intestate

EXPERT: YOU FORFEIT YOUR CONSTITUTIONAL RIGHT TO DECIDE HOW YOUR ASSETS ARE DISTRIBUTED

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Many people think they do not own enough assets to go to the trouble of drawing up a will, without thinking of all the problems they will leave behind if they die without a will.

Life is unpredictable. While we cannot control when or how it will end, we can control how our loved ones are cared for after we are gone. Too often, South Africans neglect to take the essential step of drafting a valid will.

Christel Botha, fiduciary services manager at Alexforbes, says the consequences of this can leave families burdened with debt, conflict and unnecessary complications when it comes to distributing assets.

She says more than 70% of South Africans do not have a will.

"Without one, you forfeit your constitutional right to freedom of testation, the right to decide how your assets are distributed after death. Instead, the law takes over through a process known as intestate succession. This means that the law, not you, decides who inherits your estate."

Botha says dying intestate not only strips you of your freedom of choice, but it also creates avoidable problems for your loved ones. Some of the most common complications include: