Last will and testament
What Kind of Will do you require?
Winding up a deceased estate can be daunting, complicated and an emotional process, especially if a Will has not been signed or if a Will was not drafted or signed properly.
There are several common instances that people may decided to draft or update a Will, such as overseas travel, marriage, divorce, birth, starting a business, or purchase of a property.
The reality is that there is no time like the present!
Click on your choice to begin the interview process.
Why should you have a Last Will & Testament?
If a person passes away without a valid Will, his/her estate will be wound up according to the laws of Intestate Succession in terms of the Intestate Succession Act. This Act determines how assets are to distributed, which may not necessarily meet the deceased’s wishes. A copy of the Act is available under the ‘Legislation’ section of this website.
Should you reside with your partner to whom you are not married, the law of intestate succession may not recognise your 'common-law’ spouse as the beneficiary of your estate if you haven't left a Will naming him/her as beneficiary.
A Will is essential in the case where you have minor dependents. In this case, you should consider nominating someone with parental rights in order to ensure that your children are cared for accordingly. It is also advisable to consider making provision for the protection of minor heirs by setting up a testamentary trust.
In terms of your Will, you need to appoint an executor to administer your estate according to the provisions of your Will. The executor will be responsible to act in the best interest of your heirs. If an executor us not nominated by you, the Master or your heirs may nominate an executor.
Some important considerations when preparing or amending your Will
- Seek professional advice when you want to draft or review your Will.
- Attempting to draft a Will yourself, could result in your Will being invalid, or may bring about consequences after your death that you may not have intended.
- Keep your Will up to date by revising it regularly.
- Identify heirs or legatees clearly by full names, relationship and identity number (or birth date) to avoid possible ambiguity.
- Should you bequeath a legacy (a specific asset to specific heir), describe it clearly.
- Ensure that you understand each and every provision in the document, and that the Will accurately reflects your wishes.
- It is advisable to include an alternate heir in your Will. If you do not nominate alternate heirs, your intestate heirs will inherit your estate.
- Notify interested parties, family and friends that you have prepared a Will and advise them who you have nominated as executor, and direct them to notify your executor immediately in the event of your death.
Executing your Will
When signing your Will, it is imperative that it is done in compliance with the provisions of the Wills Act.
The place and date of signature must be written in at the end of your Will.
Each page of your Will is to be signed in black ink by the Testator*, and two independent witnesses, who should also sign next to any alteration.
Witnesses should be parties who have no interest in your Will, Witness signatures merely acknowledge that they saw the Testator sign. It is advisable not to ask family members or anyone else who could be an heir or the spouse of an heir to sign as a witness, as they may be disqualified from inheriting in terms of the Wills Act.
