![]() ![]() ![]() Your last Will and Testament should be kept in a place that is safe and where it can be easily found after your death.Failure by the testator to create a testamentary trust will lead to the inheritance of a child going to the Guardian’s Fund to hold for a certain period. A witness may not inherit from the Will that s/he signed. RISKS = A Will is not valid if the above legal requirements are not met. You and the witnesses must sign the Will in each other’s presence the Will must indicate the date and place of signatures.People who are named as heirs, guardians, executors or trustees (and also their spouses) are not allowed to witness the Will.If any changes are made on the Will in ink, you must sign/initial next to those changes, together with the witnesses.Each page of the Will must be signed by yourself and two witnesses, who must be older than 14 years.You must be older than 16 years in order to get a Will in place.Comply with legal requirements before and when signing a Will:.Confirm the content of the Will: you must make sure that you understand the content of the Will and that it reflects your exact wishes.Possibility to create a testamentary trust: if necessary, a trust can be created in the Will to provide for your children until s/he reaches a certain age, or other dependants.Please note: a Will may look different depending on each person’s circumstances. Provide information: if using a professional, you must provide the abovementioned information to him/her, as well as your marital status and proof of same.If you fail to nominate a legal guardian, the High Court may be doing so.īelow is a basic template of a last Will and Testament, however, it is advised that you approach a professional to assist with drafting of a Will, for example, an attorney. If you fail to nominate an executor, the Master of the High Court might be doing so. According to intestate succession, property will be distributed amongst your family (if no family, the State). RISKS = Failure by you to list, describe or decide on the distribution of your property to your heirs, will lead to confusion or even intestate succession. ![]() Nominate a legal guardian: family member, friend or colleague (name, identify number and contact details) nominated to look after your child (under the age of 18 years) when you die.Nominate an executor: family member, friend or professional (name, identity number and contact details) nominated to administrate your estate when you die.For example, Maria Pelser, sister, with identity number 8701290017083 will inherit the red Ferrari, 2005 model with registration number PPL 123 GP. Decide on distribution of your property: how you would like your property to be distributed to your heirs (full or partial).It is also possible to list alternative heirs, in case the original heir dies. For example, Maria Pelser, sister, with identity number 8701290017083. Make a detailed list of your heirs: the names and identity numbers of the persons to inherit your property (“heirs”), as well as the type of relationship with these persons.For example: a red Ferrari, 2005 model, with registration number PPL 123 GP and/or R50 000 held in an ABSA, savings account. Make a detailed list of your property: full description of the property owned.Before getting started on drafting your last Will and Testament, you must do the following:
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