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Legal Advice from Roslyn Jaiduth (LLB)

Roslyn Jaiduth has been with Med Pak in excess of 10 years as a senior sales consultant. In 2020 she took a sabbatical to complete her law degree and serve her articles. In 2023 Roslyn returned to Med Pak, as her role in the medical industry was purposeful and fulfilling. Roslyn qualified with a LLB degree at UNISA and legal education and development at L. E. A. D. Pretoria. Roslyn was admitted as an legal practitioner in February 2024.

Roslyn’s drive and determination to complete her law degree is a great inspiration to all women that through adversity, she was resilient and has accomplished her dream of being a legal practitioner.

“If everything was perfect, you would never learn, and you would never grow.”

SEVENTY PERCENT OF SOUTH AFRICANS DO NOT HAVE WILLS
A Will is a legal document which has to comply with the Wills Act. It sets out clearly the Testator/ Testatrix’s instructions on how his or her estate should be distributed after his or her demise. It is an important document that carries out the wishes of the deceased. If there is no Valid Will then the rules of The Intestate Succession Act apply. This simply means that your estate will be divided amongst your surviving spouse, children, parents or siblings according to a prescribed formula. It often leads to dissension among family members.

THE FORMALITIES/ REQUIREMENTS OF A VALID WILL
• The person signing the Will has to sign each page in the presence of two witnesses. A witness cannot benefit under a Will. The person has to have a sound mind at the time of signing the Will.
• State clearly what your assets and liabilities are with instructions on how they should be dealt with.
• If several Wills were made in the past, then date the Will so it is easier to ascertain which is the last Will.
• An Executor should be nominated who will then be responsible for the winding up of the estate. A family member can be appointed. In conjunction with the family member a professional Executor should be appointed who will assist in making sure that all the formalities in the winding up procedure are followed.
• If there are minor beneficiaries (under the age of 18) make provision for a Testamentary Trust whereby Trustees are appointed to manage the affairs of the minor.
• Ensure that a clause in your Will protects the assets bequeathed to your beneficiaries against their spouses irrespective of their matrimonial regime.