Make your Will and Keep it.

Many South Africans find it daunting to make a Will as the thought of the end does not sit well with them or else they have the mind to do so, but don't seem to find the time to do so or for many other reasons they do not make a Will. 

Yes, making your last wishes is not easy as it brings to the fore the thought of the end of your life. So, why don’t you jealously protect that life that you led, leave a hassle free legacy.  When the time comes for somebody to read your Will you will be gone forever, but never to be forgotten as your family knows and understands that your wishes were made clear, you cared enough to stop the abuse that comes with contestation of estate inheritance. You will be leaving a good legacy if you leave a Will that is uncontested and valid in Law.

If you have a spouse, child/ren, grand-children, siblings or you are the only child it is still encumbered upon you to make a Will as you will be saving many unwarranted discussions regarding what your intentions with your possessions were and your wishes will not be met in the end as your estate gets administered under the Intestate Succession Act 81 of 1987 as amended.

Many people die without leaving a valid Will or a Will at all for the distribution of their estate. Some Wills may be contested or found to be invalid due to some technical irregularities and it is thus important that a Testator/Testatrix follows all proper formalities and involves the services of a legal practitioner to assist with these formalities.

Yes, it is said that you have freedom of testation, but errors unbeknown to you may cause your signed Will to be invalid.

What formalities need to be in place for a Will to be considered valid?

• It must be in writing;
• Signed by two competent witnesses;
• Witnesses must both sign the Will in the presence of the Testator/Testatrix;
• Signed in full at the end of the Will by the Testator/Testatrix or signed by someone other than the Testator/Testatrix in his/her presence and by his/her direction; and
• There is also provision to sign with a mark (all processes must be followed in this instance). (ask us how)

Keep in mind that witnesses cannot inherit in terms of your Will so ensure that the two persons that sign as witnesses in your Will are not going to benefit from your Will. The courts do however have discretion to declare in terms of section 4A(2)(a) of the Wills Act 7 of 1953 as amended, that the witness may benefit, but why take that chance. (see Blom and Another v Brown and Others (2011) ZASCA 54; 45/10; (211) 3 All SA 223 (SCA) (31 March 2011)

It’s your money, your assets that you worked for therefore you should have a say in how it is distributed. If you pass away without leaving a valid Will your assets will fall into Intestate Succession whereby the Master of the High will determine how your assets should be administered and distributed. Imagine leaving your hard earned money and acquired assets to persons you never intended to benefit from your estate.

It is also important to remember to update your Will as your circumstances change.  If you have been divorced and made a Will during that time make sure to update your Will timeously as section 2B of the Wills Act will apply if you pass away within three (3) months of divorcing. Remember that from the age of 16 years you  are regarded as being competent to make your own Will, unless you are of an unsound mind and do keep in mind that you are able to update it as and when the need arises and your circumstances change.

A thought - W I L L:

W - well

I- I

L -left a

L-legacy?

*Yes, you did and your family will be the happiest for it.

We are offering you an opportunity to draft your Will for you for FREE, this to assist many South Africans to make a valid Will so that when they pass on their wishes are dealt with in accordance with their Will.

There are costs that comes with administering a deceased estate which will have an impact on the value of your estate.  We will also guide you to take out a policy that will be used to cover such expenses when the need arises.

Make a Will, let us help you today.

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