Saturday Star News

Road tragedies highlight urgent need for wills and estate planning

Saturday Star Reporter|Published

Road deaths leave families facing tough legal and financial battles. Arrive Alive urges you to draft or update your Will today.

Image: File

South Africa records over 12 000 road deaths each year. These incidents leave behind families who often face significant financial and legal challenges. As part of its road safety work, the Arrive Alive initiative is drawing attention to the importance of wills and estate administration in the context of fatal crashes, hijackings, and other violent incidents on the road.

Arrive Alive's post-crash strategy includes sharing information about support from the Road Accident Fund, post-traumatic stress resources, and practical steps for legal and financial preparation after a death.

One of the key steps individuals can take is drafting a Last Will and Testament. This legal document outlines how a person’s assets should be distributed after death. Without one, the estate is handled according to South Africa’s Law of Succession, which may not align with the deceased’s preferences. This can cause delays and complications for surviving family members.

A Will can be drafted using a legal template provided by a lawyer or trust company. To be valid, it must be signed by the person making the Will and two independent witnesses. The original must be stored safely, while a copy can be kept at home.

For minor children, it may be necessary to set up a Trust to ensure their inheritance is managed appropriately.

Many people delay creating a Will or do not update it when circumstances change. Experts advise reviewing a Will at least once a year, especially after events such as marriage, divorce, the birth of a child, or the purchase or sale of property.

Being named as an executor or beneficiary in a Will can come with complex administrative responsibilities. Legal professionals recommend appointing an experienced executor to avoid delays.

In addition to helping families navigate trauma and post-crash claims, Arrive Alive is encouraging people to speak to legal or financial professionals about drafting or updating their Wills. In some cases, this service can be provided for free.