There are two types of people who comment on our pricing, those who have previously used a lawyer, and those who are considering the use of a free Will kit.
The first group usually say;
“Wow, I was quoted R20,000 to write my Will, and your service is less than R500. How can your service possibly be any good?”
the second group say;
“R500 for a Last Will and Testament? Why on earth would I pay that if I can pay nothing with a free Will kit?”
This article will address the concerns of the second group, by looking into free Will kits in South Africa and how you can create your own will.
Understanding Last Will and Testament
Definition and Importance
A Last Will and Testament, commonly referred to as a Will, is a crucial legal document that outlines how a person’s assets should be distributed after their death. This document ensures that the deceased person’s wishes are respected and their loved ones are taken care of. A Will provides specific instructions about the distribution of possessions, including who should receive them and how they should be allocated.
Having a valid Will is essential for several reasons:
- It ensures that the deceased person’s assets are distributed according to their wishes, rather than being decided by the state or other parties.
- It helps to avoid disputes and conflicts among family members and beneficiaries.
- It provides a clear plan for the management of the deceased person’s estate, including the appointment of an executor and the distribution of assets.
- It allows the deceased person to make specific bequests, such as leaving a particular item to a specific person or organization.
In South Africa, a Will must be signed in the presence of two disinterested witnesses. These witnesses must be over the age of 14 and must not be beneficiaries of the Will. A Will can be updated or changed at any time during the testator’s lifetime, as long as they are of sound mind and not under undue influence.
Types of Free Will Kits: The Reality
When it comes to creating a Will, many people opt for a free Will kit or online will maker. However, it is essential to understand the limitations and potential risks of using such kits.
Option 1: The “Free” Will Kit
A free Will kit is a pre-drafted template that can be downloaded or completed online. These kits often claim to provide a simple and cost-effective way to create a Will. However, they may not be suitable for everyone, particularly those with complex estates or specific wishes.
Some of the limitations of free Will kits include:
- They may not be tailored to the specific laws and regulations of your jurisdiction.
- They may not provide adequate guidance on complex issues, such as estate planning and tax implications.
- They may not be reviewed or updated regularly to reflect changes in the law.
Investigative Examples: The “Free” Will Kit
In 2019, a study by the South African Law Reform Commission found that many free Will kits available online were not compliant with South African law. The study highlighted the risks of using such kits, including the potential for invalid or unenforceable Wills.
Types of Free Will Kits: The Reality
The internet is full of free Will services but the promise often comes with hidden conditions. Inadequate will kits can complicate the probate process, leading to delays, legal fees, and difficulties in the distribution of assets after death.
Option 1: The “Free” Will Kit Legal Document**
A big trap when looking for free legal documents is the “free” Will kit that isn’t free. Competitors use misleading ads. The document is advertised as free, only to ask for your credit card details before you can access. Here’s the catch: the Will is free initially but you enter a subscription agreement. A 7 day cancellation window exists but if you lapse you’ll be charged R600 to your credit card every month, just like what South Africans experience with other international digital services.
People think, “I’ll cancel within the set time and avoid the charges,” but find it’s too difficult due to long wait times and unexpected billing. A glance at online reviews shows this is not an isolated incident. Additionally, issues arising from inadequate will kits often end up being resolved in probate court, which oversees the probate process to prevent disputes and manage the distribution of the estate.
Investigative Examples: The “Free” Will Kit
Case Study #1
A user was tricked into a “free” document and got charged R500 monthly due to auto-renewal clauses. This is not an isolated incident, many other users have complained about this on HelloPeter.com.
Case Study #2
Another competitor has responded to every complaint to achieve an A+ rating from the Better Business Bureau but has similar complaints across different review sites. This is not an isolated incident.
The LegalWills.co.za Advantage
We are transparent at LegalWills.co.za. As a South African service we don’t surprise our clients. Our Will service fee is R499 which includes full access and a year’s worth of updates. Under South African law, your Will is legal once signed in front of two witnesses, ensuring that your entire estate is distributed according to your wishes. After the first year if you decide not to keep an account you won’t be charged again.
Long-Term Membership Options
If you want to keep long-term access you can get secure online storage for a small annual fee from R180 per year. This makes future updates easy without having to see a lawyer every time. Clients make these decisions openly and are asked to consent for each transaction.
Unreliable and Inadequate Will Kit Models in the Probate Process
The Inadequate Will Kit
A basic website with downloadable templates is easy to create. But poor guidance makes them useless for estate planning. Free kits often don’t include essential legal clauses. For exampleLegalWills.co.za has clauses for Executors which is important under South African law, missing in basic kits. Additionally, these kits often fail to address the importance of a living will, which is crucial for making informed medical care decisions if one becomes incapacitated.
Common Mistakes in Basic Will Kits
Several pitfalls in these templates:
- Asset Lists: Listing individual assets is impractical as estates change, requires cumbersome updates to Wills every time something changes.
- Conditional Bequests: Suggestions like “R10,000 to my child if they graduate” don’t have deadlines and can delay estate processes indefinitely.
- Ignoring Alternates: Kits often ignore simultaneous family deaths or Executor incapacity which is critical for a complete estate plan. Even in simplicity these models are soon insufficient and useless. It is also important to provide funeral arrangement instructions in a separate document that can be easily accessed by the executor or a family member, ensuring the deceased’s wishes are followed.
Data Monetization in Free Will Kits
Some services offer free Will preparation but monetize your data. They sell your information to third parties and use it to advertise products like funeral services or financial instruments based on the personal information you disclosed.
This practice has real-world implications, as it highlights how data monetization in the physical world can affect your privacy and financial decisions.
The Cost of LegalWills.co.za
The R499 service fee is a balance of affordability and quality. This covers our operational costs, legal compliance and feature development for over 100,000 active South African users. Server security, encryption licenses and legal updates like the Power of Attorney are just some examples of what we cover.
Our team based in Cape Town has years of experience and our employee retention policies ensure expertise and client satisfaction as proven by our reviews.
When it comes to something as important as your Last Will and Testament a cheap solution doesn’t mean assurance or security. Choose LegalWills.co.za to get a reliable and accurate Will in a few clicks and avoid the risks of “free” options. The consequence argument highlights the importance of making informed decisions, as the implications of choosing an unreliable will service can affect your future and that of your loved ones.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
- The Ultimate Guide to Preparing a Will – 2024 - 19 November 2024
- Intestate Succession in South Africa | What Happens If I Die Without a Will? How LegalWills Offers an Affordable Solution - 15 February 2024
- A Guide to Writing a Will for Young Adults in South Africa - 23 September 2022
