Burial

LegalWills.co.za is dedicated to providing services related to advance directives, including our MyFuneral™ service, which allows people to specify in advance that they wish to be buried under ground or buried at sea.  These wishes will be communicated to a personal "Keyholder®", chosen by the member, when the time is right.  Below are some questions and answers related to body burial.  All of these issues are handled easily by the MyFuneral™ service.

What exactly is meant by burial?

Body burial or direct burial simply means placing a body in the ground after death. The term now also covers storing the whole body above-ground in a mausoleum, vault or other type of crypt. While cremation is gaining popularity, most bodies in North America are buried. They are generally placed in some type of receptacle placed in the ground or stored above ground.

I've heard about embalming. What is that and do I need it?

Embalming is primarily done to disinfect and preserve the body. Disinfection is important for all who have to handle the remains, and for public safety. Deaths due to highly contagious diseases put funeral directors and others who come into contact with the remains at a very high risk of contracting the same diseases. Secondly, it has been a tradition for friends and family to gather to view the body and pay tribute to a family member or friend that has died . This is to console the family on their loss, and to express sympathy to them. Without embalming, most remains become un-viewable within a short time. Embalming is not mandatory, but without specific instruction it is usually done. There are also certain regulations to be followed if public transportation is involved.

Is burial expensive?

The service charges for direct body burials alone should be minimal. But burials customarily involve a number of other procedures which can be costly including obtaining the death certificate, transporting the body, and purchasing a coffin.

If I simply want to be buried right away, what would happen?

If this is your preference, then the body would buried shortly after death, usually in a simple container. Normally, no viewing or visitation is involved, so no embalming is necessary. A memorial service may be held at the graveside or later. Direct burial usually costs less than a "traditional" full service funeral. Costs include the funeral home's basic services fee, as well as transportation and care of the body, the purchase of a coffin or burial container and a cemetery plot or crypt. If the family chooses to be at the cemetery for the burial, the funeral home often charges an additional fee for a graveside service.

What happens at a more traditional burial?

A "traditional" funeral usually includes a viewing or visitation and a formal funeral service. A hearse is used to transport the body to the funeral site or cemetery for burial. It is generally the most expensive type of funeral. In addition to the funeral home's basic services fee, costs often include embalming and dressing the body, rental of the funeral home for the viewing or service, and use of vehicles to transport the family if they don't use their own. The costs of a coffin, cemetery plot or crypt and other funeral goods and services also must be factored in.

Can I be buried anywhere?

You cannot simply be buried anywhere. There are restrictions associated with burial on private land (for example, there must be no public health concerns), but there is no law expressly forbidding it. Consent must be gained from your local authority. 

What if I have decided to donate my body or organs after my death?

If you have chosen to donate organs, you still have the choice of body burial. However, if you have chosen to donate your whole body to medical science then the medical school will usually cremate it and bury or scatter the ashes in a specified plot. However, most institutions will agree to return the remains to a friend or family member for final disposal - -usually within a year or two. Note that in some cases, a body donation may be rejected because of the condition of your body or simply because it is not needed. In either case, you should indicate your preferences for whether your body should be cremated or buried. 

How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.
Click. Print. Sign.

It's really that easy.

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When the time is right, your selected Keyholders® will have the ability to unlock your wishes.

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Documents are Released to Keyholders®

When the time comes and your Keyholders® request access to your documents, your wishes will be entrusted in their hands.

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Frequently Asked Questions

There is absolutely no legal requirement to use the services of a lawyer to prepare your Will.

The law requires that the Will is written on a piece of paper and then signed by you in the presence of two witnesses. Once it is signed and witnessed, it becomes a legal Last Will and Testament.

If you need legal advice, you should secure the services of a lawyer, but most people do not need legal advice to prepare a Will. Especially if they are using a service like the one at LegalWills.co.za.
When you write your Will with a lawyer, you are paying for their training, so that if you needed custom clauses written for unique situations, they would probably be able to do this for you. However, most Wills do not require unique new clauses to be written, and the vast majority of Wills are a compilation of known legal "precedents".

Most lawyers use Will writing software to prepare Wills, and we use that exact same software, but give you direct access to it. You should really be asking why a lawyer charges R2,000 for about an hour's work.

If you have unusual circumstances, such as a child with special needs, then you may need legal advice. But for the vast majority, you would be paying premium rates for legal advice that you don't need.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for R499 with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for R999. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this.

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is R149, but again, most people do not need this option.

We also offer other services like MyLifeLocker™ and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs R499. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. R149 will give you one additional year of updates, or you can purchase multiple years: 5 years at R299, 10 years at R449.

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 26 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay R149 to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Our answer is different depending on what you are comparing us to.

The service at LegalWills.co.za is significantly better than a blank form Will kit that you can buy on Amazon or WHSmiths. These blank kits do not check for errors, allow you to do things you are legally not allowed to do, and rarely cover backup scenarios. They are actually the most difficult way to prepare a well drafted Will.

We provide the same quality documents as an estate planning lawyer – often word-for-word identical, because we use the same software that they use. We've just adapted it to make it easier to understand, and given you direct access to it. Therefore, you can create a lawyer grade Will, but from the comfort of your own home at less than a tenth of the price.

When compared to other online services, we have honest, up-front pricing that is better than any equivalent service. We also believe that we have the highest quality service online today. In all the time that we have been in business, never once has one of our Wills had an issue going through the probate process. We also offer best-in-class phone and email support if you get stuck.

Some other highlights:

  • Help text every step of the way.   Every page of our service has additional help text to answer your questions. If you get stuck, send us an email and we can help.

  • Create your Will from anywhere at any time.   Our service works on any computer, phone or tablet. Which means you can create or update your Will in the middle of the night in Timbuktu if you need to.

  • Unlimited updates.   If you write your Will with a lawyer, it could be out of date by the time you get home. You don't face that issue with LegalWills.co.za. If your circumstances change, simply login to your account, update your document, and sign your new Will. There is no charge for updates as long as you maintain a membership.

  • Professional reviews by a lawyer.   Our service works for the vast majority of situations, but on occasion people have unusual circumstances and need the reassurance of a legal professional's eye. We offer this as an option.

  • Our other services.   We don't just do Will writing. We offer a complete portfolio of services that will help you to plan your estate. We have the LifeLocker® executor tool, that allows you to document all of your personal details and assets, and MyVault™ that lets you upload important files. Together with our Keyholder® mechanism, you can be assured that the right information gets into the right hands at the right time (and not before).

  • Privacy and security.   We do not store any information as plain text. We do not store Wills in our database. All of your information is encrypted on our servers. Nobody can access it except you and your designated Keyholders® at the appropriate time. Furthermore, we do not share, trade or sell any of your data with third parties whatsoever.

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