Last rights – The importance of a Last Will and Testament
07 Mar 2023
What happens to your rights when you die?
Not a lot really. While legally your own rights will no longer exist, there are the rights of those left behind, and the courtesies that we extend to them during their grief.
Your Last Will and Testament
If there are certain practices that you wish to have carried out after you die, there is only one way to ensure that those wishes are observed: Your Last Will and Testament. Your Will is the legal and binding testament of your express wishes regarding your estate and funeral. Whomever you name as your executor will be responsible for ensuring that those wishes are carried out, so it is crucial that you nominate someone you can trust, and preferably impartial.
As for the rights and responsibilities of those you leave behind, they will come into play if you die “intestate” meaning without a Will. Should you not have chosen an executor nor left any indication of your last wishes, then the responsibilities will be transferred to your Next of Kin, or your closest blood relative, or your spouse depending on your marital status upon your death.
It may be one of our greatest fears, that when we die, we no longer have any control over what happens to our bodies. One way to get around that fear is to talk openly to your loved ones about what it is that you want, especially if it differs from traditional practices. Since so many funeral practices are there for the comfort of the living as well as the dead, it can be difficult for more traditional families to come to terms with the idea that their loved one might want something different. Preparing them beforehand will help to minimise any pain that would have come with that surprise, as well as their grief at your passing.
By taking the time to outline your wishes in your Will, you make use of your “Freedom of Testation”, or your freedom to choose what you want to happen when you die. However, it is still recommended that you appoint an executor whom you trust to carry out your wishes, like your attorney, who will be impartial and fair in carrying out the instructions you leave behind.
It can be devastating to realise that you will no longer have rights when you’re gone. One might have thought it was obvious, or never thought of it at all, but we have such a deep connection to our rights while we’re still living that we can struggle to come to terms with the idea. This highlights how important it is to make sure that you make a Will.
With Legal&Tax you’re not alone.
Consult your attorney and ensure that you have covered all your bases, so that your living rights now, will still protect you and your loved ones when you’re gone.
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Article sourced from Legal&Tax.
See also:
- Disqualification from inheriting
- The administration of death
- Unsigned last will and testament
- Contesting a will
Michael Visser
Michael Visser is a legal advisor at Legal&Tax. He has a Bachelor of Commerce (B.Com.) Law and LLB from The University of Pretoria. Read more about Michael Visser
