Your inevitable passing is by no means an easy subject to contemplate or to talk about, but it is something you should prioritise for you and your loved ones’ sake. It is important to ensure that you have a valid Will in place and that you have an experienced Executor appointed therein, who is familiar with the administration of deceased estates process and who can ease your family’s burden during difficult times by administering the estate in an efficient and responsible manner.
Other than, for example in Germany (where there are compulsory portion claims), in South Africa we are afforded the right of complete freedom of testation. This means that we are free to bequeath our estates and assets as we wish provided such bequests are not contra bonos mores (harmful to the moral welfare of society) and provided furthermore, that your will, as drafted and executed, is a legally valid will in terms of the Wills Act 7 of 1953.
The basic requirements for valid will are essentially as follows:
1. All wills must be in writing. It can be written by hand or typed and then printed.
2. The testator/testatrix must sign the will at the end thereof.
3. The signature of the testator/testatrix must be made in the presence of two or more competent witnesses.
4. The witnesses must attest and sign the will in the presence of the testator/testatrix and of each other.
5. If the will consists of more than one page, each page must be signed by the testator/testatrix anywhere on the page.
The aforementioned requirements could differ from country to country, as for example in Germany a will can be drawn up as either a public will (signed by the testator and notarised) or as a handwritten will signed at the end by the testator himself.
It is advisable to have a person with the necessary legal knowledge and expertise, such as an attorney, draw up your Will to your requested specifications. Attorneys have expert knowledge that will ensure that your Will is clear, concise and reflects your true intentions. The nomination of an executor is another important aspect of a Last Will and Testament. The executor is responsible for, amongst other things, interpreting the Last Will and Testament, collecting information on all the assets and liabilities of the deceased, and distributing inheritances to beneficiaries in accordance with the Last Will and Testament.
Contact our offices should you require our services relating to your Last Will and Testament or the Administration of a Deceased Estate.
Disclaimer
The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.
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