Law professionals sitting at a table. Draft your will. BDE Attorneys. Durban, South Africa

5 Reasons to Hire an Attorney to Draft Your Will

Everyone gets to a time in their life when they feel it’s a good idea to prepare for the future. Perhaps, you’ve just got married, or you have a baby on the way. If this feels relatable to you, and you’re starting to make plans to draft your will, this isn’t a task to take on by yourself. Here are five reasons why the process can be smooth and simple when you have the right attorney by your side:

 1. An Attorney Knows the Ins and Outs of the Legal Process

 Many who attempt to draft wills without legal help tend to leave out important steps of the process. Your attorney will guide you through the process of nominating your executor to ensure that your estate is administered according to your wishes. Similarly, professional attorneys with expertise in the administration of deceased estates will ensure you have everything you need to draft your will, including the correct documentation.

For example, during an interview process, BDE Attorneys will explain how best to structure your affairs and minimize estate duty, Capital Gains Tax, and other expenses that may affect what your beneficiaries receive. With so many important aspects to consider, it is always a good idea to seek out legal expertise to assist you through the process and ensure everything is handled professionally.


2. Avoid Major Delays with an Attorney by your Side

While it is possible to draft your will on your own, there are formal procedures that need to be considered, especially with the strict specificities of the South African legal system. If your will is considered invalid, then your estate will be wound up intestate. This would require the provision of additional documentation which is often not readily available and will cause major delays in the process. Most importantly, the testator won’t be able to determine how their estate is distributed. Freedom of testation is a fundamental right. With a qualified attorney guiding you through the process, you’ll be reassured that the process will run smoothly and without delay.


3. Help Keep Your Plan Up to Date

Your family’s needs will change over time. Once you draft your will, you may have to revisit it to make sure it stays up-to-date and relevant. After any major life changes your will needs to be amended accordingly. This can include divorce, marriage, and any new additions to the family. BDE Attorneys ensure that regular reminders are diarised to assist with the review of clients’ wills. This means you’ll be guaranteed an update to review your will from time to time. While we are the executors, BDE Attorneys will not charge for the will or any amendments to your will.


4. Navigating Family Dynamics

Family can be complicated and the decisions you make when you draft your will can be incredibly personal. A legal professional will help you navigate any uncomfortable family dynamics and prevent internal disputes that may arise. This will ensure that things are not only handled professionally but with you and your loved ones’ best interests in mind.


5. Peace of Mind

With professional legal advice, your loved ones can have the peace of mind of knowing that your estate has been properly managed. This can ensure all documents are taken care of long in advance to place your will into effect when the time comes and that your family doesn’t face any unnecessary tax burdens or hold-ups when distributing your assets.

But there is far more to drafting a will than this. It is the first step in the process of ensuring consistency when you pass away. Proper estate planning begins with your will, and this means that your loved ones can grieve without any additional stress whilst your wishes are carried out. By drafting a will with an attorney by your side, you can ensure that your heirs and loved ones benefit from clauses in your will and that your wishes are readily and easily carried out.

Once you’ve decided to draft your will, it may be hard to know where to start. A qualified attorney knows the ins and outs of the legal process and will guide you through the entire process so that it doesn’t feel overwhelming. If you’re interested in drafting your will and are in search of professional legal advice, BDE Attorneys are here to help contact us at +2731 267 0430 or email us at to get started.