Why important last will and testament?

Wills – Last Will and Testament
A Will is a typewritten document, containing your direction for disposing of your property after your death.
A last will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death.

Why it is important to make a Will
This is a bullet-point summary of reasons:-

• You choose your own executor to carry out your wishes
• You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here
• You decide Whole of estate to spouse or partner for life, and residue to others
• You decide who is to inherit your property and (sometimes) at what age
• Avoids much uncertainty and anxiety and drawn-out procedure for your family
• Enjoy peace of mind!

Requirements for a Valid Will
In order for a will to be valid, it must be:-
• made by a person who is 18 years old or over; and
• made voluntarily and without pressure from any other person; and
• made by a person who is of sound mind; and
• in writing; and
• signed by the person making the will in the presence of two witnesses; and
• Signed by the two witnesses.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.

As soon as the will is signed and witnessed, it is complete.

What happens if I die without a Will?
The three main statutes governing inheritance in South Africa are:
• The Administration of Estates Act, which regulates the disposal of the deceased’s estates in South Africa;
• The Wills Act, which affects all testators with property in South Africa;
• The Intestate Succession Act, which governs the devolution of estates for all deceased persons who have property in the Republic and die without a will.

All property located in South Africa is subject to these laws, and there are no separate laws for foreigners.

If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the Intestate Succession Act, (Act 81 of 1987). In case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it forms part of the joint estate, will not devolve according to the rules of intestate succession.

What are the benefits of having a Will?
1. You specify to whom your property passes and under what conditions. For example, you can provide that property that would go to a child at age 18 when they are considered an adult would instead be retained in a trust for their education until age 22.

2. You may disinherit someone or otherwise change the disposition the law would make.
3. You may give some or all of your estate to a charity.
4. You may nominate your choice for personal representative (executor) of your estate who is a person who takes charge and makes certain decisions about your property after your death. You may also excuse a bond for the personal representative to save that expense.
5. You may nominate your choice for guardian and conservator for minor children.
6. Your wishes are clear and definite, thereby reducing the possibility of confusion and quarrels among your heirs.

Who is responsible for managing my estate?
The personal representative (executor) named in your Will pays all bills, gathers and protects your property, collects debts owed you, insures that income tax obligations are paid and then distributes the assets according to your plan set forth in the Will.

You may wish to pick someone who is not a member of the family if there could be hard feelings, based on your choice, or if no relative is qualified for the job. Banks with trust departments are often wise choices for this position. If you do not have a Will, the court must choose a personal representative.

Where to keep a Will
Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. There are a number of places where you can keep a will:-
• at home
• with a solicitor
• at a bank

How to change a will
The only way you can change a will is by making:-
• A codicil to the will; or
• A new will.

Codicils
A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

Is your Last Will and Testament up-to-date?
It is advisable to get out your Last Will and Testament to check it occasionally because:
• An existing will may contain a legacy that has been distorted by inflation
• Your circumstances may have changed since you wrote the last will – this includes getting married or divorced where a will can become partially invalidated
• An existing will may contain a gift to someone who has died
• Some people may be left out – for instance a new grandchild or a new close friend
• An existing will may refer to an executor who may have died, or who may no longer wish to act for you. (Nominating a firm of solicitors as joint executors is a safe-guard.)
An existing will can be updated using a codicil, or by re-making your will. It is usually better to re-make your Last Will and Testament.

Destroying a will
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. You must destroy the will yourself or it must be destroyed in your presence. A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.

Will and Testament Templates for South Africa
Net Lawman’s Will and Testament templates are suitable for:
• a single person with no children
• a married person with no children
• an unmarried person living with their partner with no children
• a married person with children
• and many more situations

Net Lawman’s Last Will and Testament Templates are suitable for use in all South African states. Our online wills forms have been drafted by expert team of Solicitors and Barristers who are expert in South African legal will. These Will forms are regularly updated as per changes in South African Law.

Using our service you'll save time, you'll make a Will that you can understand, not something full of legal jargon, and you'll get detailed instructions on how to make sure it's 100% legal.

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