Having a will provides you certainty about how your estate and affairs are accounted for when you pass on. This includes how your assets and the guardianship of your minor children are taken care of after death. For your assets, this means you have a direct impact on how your possessions, property, and wealth are distributed. If you have minor children, it means you choose who will take guardianship of your loved ones.

Without a will, your estate will be distributed according to the Wills and Succession Act, which can potentially cause legal disputes and unwanted costly legal fees at the expense of the estate.

If you pass away without a will (referred to as intestacy), your estate (assets and debts) will be dispersed according to the Wills and Succession Act. This means the court will appoint an estate administrator to look after your estate. Although the Wills and Succession Act will account for the details of the estate, it’s not uncommon for undesirable and unfair results to come out of this process.

An executor is the person who has the legal authority to represent and distribute your estate. This means the appointed executor will execute your wishes set out in your will. It’s important to name an executor you know and trust who can take on the responsibilities needed to perform the role. The executor will be in charge of funeral arrangements, payments of debts, sale of properties or businesses, distribution of assets, and many other potential tasks. If an executor is not named in your will, the courts will appoint an administrator to conduct these responsibilities.