BUSINESS NEWS - Millions of South Africans are currently preparing for the festive season. The holiday season, statistically a period of heightened travel-related risk, is a timely reminder to check that your will is not only valid but is securely stored.

“The greatest risk to your final wishes is not an unforeseen event, but an easily preventable technical error or administrative flaw that can render your will void,” says Cebile Zibi. 

“If you are at all unsure about the validity of your will, consult a financial adviser. To ensure that your will is securely stored, consider leveraging the Momentum Trust safe custody service to protect your family and secure your legacy plan.”

The core objective of a will is to ensure your assets are distributed exactly as you intended. This simple document becomes the cornerstone of your family’s financial future.

However, if a will is lost or declared invalid, the results can be catastrophic, says Zibi. 

“In the event that your will is lost or declared invalid, your estate will be managed according to the Intestate Succession Act. This means the law dictates who inherits your assets, potentially excluding loved ones, business partners, or specific charities you intended to benefit. The process becomes lengthy, complex, and expensive, often adding months - if not years - to the winding up of the estate. The lack of clarity and legal wrangling inevitably leads to severe emotional and financial stress for your surviving family members.”

Common pitfalls that invalidate your legacy

A will can be invalidated by simple mistakes made during the signing process, which many people handle without professional oversight. To be legally enforceable, a will must strictly adhere to the requirements of the Wills Act. 

One of the most common mistakes is improper witnessing; a will must be signed in the presence of two competent witnesses (aged 14 or older) who must all sign in each other's simultaneous presence.

Beneficiaries or their spouses are automatically disqualified from acting as witnesses. If they sign, the will - and their inheritance - may be invalidated.

If the original will has been lost, it is unlikely that the Master of the High Court will accept a copy. If the original document is damaged, lost in a house fire, or simply misplaced, your legacy plan may fail. Ultimately, a will is worthless if the original cannot be located and presented to the Master.

The most effective solution: professional safe custody

Momentum Trust offers a service that provides ultimate peace of mind. For a small annual fee, subscribers benefit from an annual safe custody and validity service, ensuring that their original will is securely stored in a fire-proof, controlled environment, protected from loss, damage or misplacement.

Treat this annual fee as a small, essential investment to safeguard your family’s future. The Trust service ensures the will is technically compliant and executed correctly upon submission to the Master.

The original document can be easily retrieved and presented for the efficient administration of the estate.

“The greatest risk to your legacy is not dying but having an easily preventable technical error render your final wishes unenforceable,” says Zibi. “Don’t let a clerical mistake negate decades of financial planning. Protect your legacy and invest in safeguarding your family’s future.”

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