A Will allows one to:
What happens if I don't have a Will?
- Provide for assets to be safeguarded for heirs.
- Arrange for your assets to be managed by a competent person on behalf of minor beneficiaries until such time as they are old enough to deal with the assets themselves.
- Request whether to be buried or cremated and your last wishes regarding the ceremony.
- Donate your body or certain organs for medical purposes.
- Ensure that family heirlooms remain in the family.
- Ensure the cost effective administration of your estate.
- Impose certain special conditions to apply to your bequests.
- Plan to minimise any tax liability.
Without a Will your assets will be divided and distributed according to the law of Intestate Succession.
This will in short mean that:
Planning a Will
- The Master of the High Court appoints an executor.
- Your assets will be divided between your spouse and children (or other blood relatives) according to the intestate act.
- The minor children’s inheritance will be in control of the Guardians Fund.
- The law of Intestate Succession may not recognize your ‘common-law’ spouse if no Will specifies otherwise.
The Will should provide for the following:
Signing a Will
- If the husband (testator) is the first-dying.
- If the wife (testatrix) is the first-dying.
- If the survivor dies without having made another Will.
- If both the husband and wife die simultaneously.
- If there is obliteration of the family.
- If a beneficiary (child) is still a minor, to retain the bequest/inheritance in trust.
- If a child is still minor, to consider nominating a guardian.
The signing of the Will is the most important step in validating a Will.
The following guidelines must be followed:
- Two impartial witnesses
are required during the signing of your Will. These witnesses must be over the
age of 14 years and mentally competent to understand what they are doing,
but it is preferable to ask adults to witness.
- Both witnesses must be present when you sign the Will.
- You must sign the Will in full on the last page as well as at the bottom of every preceding page.
- If you can only sign your name by the making of a mark, it must be made before a Commissioner of Oaths who cannot sign
as a witness as well.
The Commissioner of Oaths also has to co-sign each page of the Will.
Two competent persons still have to sign as witnesses. In case of uncertainty, please contact us for the correct procedure.
- It is also advisable that the witnesses sign the other pages in your presence and the presence of one another. The two witnesses must sign the Will in full at the end in the space provided for their signatures in your presence and in the presence of each other.
- Any person who is to receive any benefit under a Will, as well as your Executor, Trustee and Guardian, including such a person’s spouse, cannot sign as a witness as this would
disqualify them from receiving the specified benefit or hold the nominated position.
- Any deletion, addition, alteration or interlineation must be validated with signatures by you and two witnesses.
Please download the Electronic Will Application
below, complete it as thoroughly as possible and e-mail it to firstname.lastname@example.org for drafting.
Alternatively, the Will Application Form
can be printed, completed, scanned and e-mailed to email@example.com for processing.
Please complete as much information as possible. Personal information and details of beneficiaries are required for accurate and executable Wills.
Click here to download Electronic Will Application
Click here to download Will Application Form
Instructions for Signing your Will
Wills Price Structure