File Name: last will and testament south africa.zip
Your last will and testament is one of the most important documents you will write in your life.
- Will template South Africa: how to write
- Making a Will
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Will template South Africa: how to write
The definition of a Last Will and Testament is a legal document containing the wishes of the testator as to what should happen to his property and dependants after he dies. The testator also names an executor — who will administer the estate — in his Will. In other words, the purpose of a Last Will and Testament is to ensure that everything you have accumulated throughout your life are distributed according to your wishes when you are no longer around.
It also makes provisions for guardianship of minor children in case a parent dies. Any person over the age of 16 can write a Last Will and Testament.
The act specifies the following requirements for a Last Will and Testament to be valid:. Because it is a legal document, it is advisable to seek the services of a professional to draw up a Testament.
However, writing a Will does not have to be complicated. The freedom of testation principal grants a testator extensive power to draw up a Will. When deciding to draw up a Will and Testament, the following aspects need to be considered and explained in the Will:. Any two people can have a joint Last Will, although it is most common for a married couple to have a joint Last Will and Testament. A married couple can have a joint will irrespective of if they are married in community of property or out of community of property.
A joint last will and testament merges the individual wishes of two testators into one document. The exception is when the testators stated in the joint will that they would like to mass their individual estates into one. If the legal principal of massing applies, a surviving spouse cannot amend the contents of the will after the death of the other testator.
Unfortunately, many people die without a valid Will. This is mainly due to ignorance about the repercussions for those left behind by the deceased. The estate of a South African resident who died intestate is subject to the Intestate Succession Act 81 of Even if that is what the deceased wished to happen, the division of assets can cause family disputes.
The family might have to sell the assets first to receive their share of the estate, which can incur additional costs. When a person dies intestate it is up the Master of the High Court to appoint an executor to administer the estate. The court will also have the discretion to choose a guardian for the minor children of a parent who died without a Will. Also see our blog post on common mistakes found in a Last Will and Testament.
The act specifies the following requirements for a Last Will and Testament to be valid: Obviously, the Will has to be signed by the testator. Therefore a Will has to be written by hand or typed and cannot be verbal. Each page of the Will must be signed at the bottom by the testator and the last page must be signed directly below the last line. The testator must sign the will in the presence of two witnesses — who must be present at the same time.
The witnesses must sign the Will at the end of the document, but it is good practice to let all parties sign each page in full. Witnesses must be at least 14 years old. The Will cannot be written or witnessed by beneficiaries in the Will — or else they will be disqualified from inheriting.
The executor can also not sign as a witness. In the event that the testator is unable sign the Will due to illiteracy or incapacity , the testator can either sign with a mark or fingerprint; or he can elect someone to sign on his behalf. In these instances the signing of the Will must be done in the presence of both witnesses and a commissioner of oaths — who must certify the Will and sign each page.
The testator must have been mentally capable of understanding the consequences of drafting the Will. Wills drafted while the testator is under the influence or under duress are not valid. A Will does not have to be dated to be valid. However, dating the Will is highly recommended to avoid confusion if more than one will exists.
How to write a Last Will and Testament Because it is a legal document, it is advisable to seek the services of a professional to draw up a Testament.
You can download a last will and testament form below. When deciding to draw up a Will and Testament, the following aspects need to be considered and explained in the Will: Beneficiaries — Decide who will inherit your property and how the property will be divided among beneficiaries. Include the full names and ID numbers of all beneficiaries. Executor — Specify the full name and ID number of the person you appoint as the executor of the estate.
The executor will handle all legal and financial obligations of the estate. Guardianship — If you have minor children, decide in whose custody you want your children to be placed in should something happen to you. Do not just assume the spouse will be around to take care of the kids. A provision must be made in your Will and Testament in case your spouse also dies.
Charitable donations — Note any property you would like to donate to non-profit organisations. You can include your wishes in your Will. Marital status and details — Attach documents confirming your marital status i. Also state whether you are married in or out of community of property in your Last Will and Testament. The Will only applies to half of the estate if you are married in community of property.
What if I die without a will? Related Documents No related posts for this content.
Making a Will
To report a deceased estate, you need to submit the following documents:. A will, also known as a testament, is a document in which a person sets out what must happen to their estate when they die. A person can also nominate the person or persons, known as executors, who should administer their estate on their death. A will is a specialized document, which should preferably be drawn up by an expert like an attorney, trust company etc. The information is merely to inform the user of this site about some basic aspects of wills. To administer an estate means to collect or take control of all the assets of the deceased, to pay the debts which the deceased left at date of death, and then to pay the balance left for distribution to the rightful heirs of the deceased as determined in the will, or if you do not have a will, to the heirs as determined in terms of the rules of intestate succession. It allows you to decide who should be the beneficiaries of your estate once you die.
Rating: 4. Start by clicking on "Fill out the template". Your document is ready! You will receive it in Word and PDF formats. You will be able to modify it. A Will is a legal document that sets forth the wishes of the person making it the testator regarding the distribution of property and the care of minor children , if any, after their death, and is the centrepiece of most estate plans.
When you die, your estate is divided between your family or the people that you want to have inherit from you. The estate consists of your personal property and possessions, as well as any money or other assets owed by you. Who your property is passed on to depends on whether you have a valid will or not.
Skip to content. All Homes Search Contact. You will need to finalize your will Irrespective of the last will and testament template that you use. It gives an outline of what should be done when someone does.
The definition of a Last Will and Testament is a legal document containing the wishes of the testator as to what should happen to his property and dependants after he dies. The testator also names an executor — who will administer the estate — in his Will. In other words, the purpose of a Last Will and Testament is to ensure that everything you have accumulated throughout your life are distributed according to your wishes when you are no longer around. It also makes provisions for guardianship of minor children in case a parent dies. Any person over the age of 16 can write a Last Will and Testament.
Use our Last Will and Testament form to declare your final wishes about how to distribute your possessions and handle your affairs after you pass away.
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