Your Will is important

Untold hardship is often placed on a surviving spouse who discovers there was never a proper Will in place. Hardship can arise even where a Will exists, if it has not been revised after circumstances changed. For example:

• An ex-spouse inherits because the deceased forgot to change the Will.
• A family dispute over who should be executor delays the winding-up process.
• A surviving spouse has to buy out the children's shares because the Intestate Succession Act applies where the deceased left no Will.

A Will is relatively inexpensive. Nobody knows when it is his or her last day — make sure yours is in place.

For people over sixty we will consider drafting a Will for a nominal fee of R350.00 + VAT (terms and conditions apply).

Signing your Will

The person who signs the Will (the Testator) must sign in the presence of two witnesses older than 14 years, and a witness may not be a nominated beneficiary or executor under the Will.

Planning matters

We recommend your Will be drafted within the broader context of your overall financial planning — it should not be done haphazardly. Ensuring sufficient liquidity is vital, as "wills don't pay bills". Proper planning may also reduce estate duty. Options that can be considered in a Will include:

• A testamentary trust (an ordinary or "bewind" trust)
• A usufruct, prelegacy, conditional legacy or fideicommissum
• Massing between spouses; provision for collation
• Nomination of a guardian for minor children
• Clauses to keep an inheritance out of an heir's joint or insolvent estate
• Empowering the executor to manage a business
• Bequests to charity, substitutionary clauses, organ donation
• Funeral arrangements; provision for assets outside South Africa
• A less expensive dispute-resolution mechanism between heirs
• A "Living Will" — that you not be kept alive by artificial means

We urge you to consult an attorney who can advise you on these options and assist with drafting your Will.

Download the Will application form