Last Rights
Last Rights
What happens to your rights when you die?
Not a lot really. While legally your own rights will no longer exist, there are the rights of those left behind, and the courtesies that we extend to them during their grief.
Michael Visser - Head of Legal - Helpline
24 February 2023 | 2 minute readIf there are certain practices that you wish to have carried out after you die, there is only one way to ensure that those wishes are observed: Your Last Will and Testament. Your Will is the legal and binding testament of your express wishes regarding your estate and funeral. Whomever you name as your Executor will be responsible for ensuring that those wishes are carried out, so it is crucial that you nominate someone you can trust, and preferably impartial.
As for the rights and responsibilities of those you leave behind, they will come into play if you die “intestate” meaning without a Will. Should you not have chosen an executor nor left any indication of your last wishes, then the responsibilities will be transferred to your Next of Kin, or your closest blood relative, or your spouse depending on your marital status upon your death.
It may be one of our greatest fears, that when we die, we no longer have any control over what happens to our bodies. One way to get around that fear is to talk openly to your loved ones about what it is that you want, especially if it differs from traditional practices. Since so many funeral practices are there for the comfort of the living as well as the dead, it can be difficult for more traditional families to come to terms with the idea that their loved one might want something different. Preparing them beforehand will help to minimise any pain that would have come with that surprise, as well as their grief at your passing.
By taking the time to outline your wishes in your will, you make use of your “Freedom of Testation”, or your freedom to choose what you want to happen when you die. However, it is still recommended that you appoint an executor whom you trust to carry out your wishes, like your attorney, who will be impartial and fair in carrying out the instructions you leave behind.
It can be devastating to realise that you will no longer have rights when you’re gone. One might have thought it was obvious, or never thought of it at all, but we have such a deep connection to our rights while we’re still living that we can struggle to come to terms with the idea. This highlights how important it is to make sure that you make a will.
With Solace, you’re not alone.
Consult our attorneys and ensure that you have covered all your bases, so that your living rights now, will still protect you and your loved ones when you’re gone.
Contact us 24/7
Recommended articles
Solace&You September
In our latest edition of Solace&You, we honour the rich diversity of cultures that make up our Rainbow Nation and shape our shared heritage. As we celebrate Heritage Month, we reflect on the importance of preserving traditions while planning for the future. Our articles offer valuable insights on safeguarding your legacy, maintaining your health, and preparing for life's key moments, all while embracing the cultural values that define who we are today.
10 September 2024 |
2
minute readArticle
Tax Implications for South Africans
South Africa's new Two-Pot Retirement System introduces flexible savings options along with significant tax implications, learn practical tips to protect your retirement fund
Keeping Your Heart Healthy
Heart Awareness Month is an important reminder to prioritise the health of one of the most vital organs in your body: your heart.
View our other information hubs