When most people think of estate planning, they often assume it is something only the wealthy need to worry about. However, the truth is that everyone, regardless of their financial status can benefit from having a will. The need for a will goes beyond just distributing wealth, it ensures that your wishes are respected, your loved ones are cared for, and any personal desires are fulfilled after you are gone.

A common misconception is that you need significant assets to justify having a will. The reality is, even if you do not have much money, a will is still important. Your loved ones may by law be entitled to certain benefits or inheritances after your passing, and having these clearly outlined in a will helps prevents confusion and legal complications later on.

Despite not feeling confident about what you have accrued thus far, be rest assured that a will is mostly about ensuring your personal wishes are respected, and having one in place allows you, for example, to specify who will manage your estate, what happens to your personal items and even those with sentimental value when you are no longer a part of this world. Therefore, having a will ensures that your intentions are clear, no matter how large or small your estate may be.

Now who is able to make a will? According to the Wills Act 7 of 1953, anyone aged 16 or older can make a will, provided you are mentally capable of understanding the nature and consequences of your actions at the time of writing it. This means that, as long as you are of sound mind, you have the legal right to decide how your estate will be handled when you are no longer here. If there is ever a question regarding the mental capacity of the person creating the will, the burden of proof falls on those who claim the person was mentally incapable.

Therefore, it is imperative to keep in mind that making a will is not about the value of your estate, what matters is whether you are mentally fit to make informed decisions and your age. This is a key aspect of the law because it ensures that your assets are distributed in accordance with your wishes, as long as you are capable of making those decisions clearly.

In conclusion, estate planning is not reserved for the wealthy. It is an essential step for anyone, regardless of financial situation. Do not wait until it is too late, creating a will is an important part of protecting your legacy and giving those you leave behind clarity and direction.