How to write a will and testament in South Africa
Before consulting with the Attorney you may want to get your thoughts together and plan how you would like your estate to be distributed.
The importance of a will
A lot of people might think that they don’t own much and therefor don’t need to have a will drafted. There are, however, advantages to having a will and if you fall into any of the undermentioned categories you are encouraged to have a will drafted :-- You have children; or have other dependants.
- You have any savings or investments.
- You are a property owner.
- You have digital assets.
- You are over 18 years old.
Having drafted wills and having been winding up deceased estates for more than 16 years I have witnessed many family feuds which arise when a loved one dies without a valid will and without having their affairs in order. When a loved one dies claims can arise from all and sundry – including new wives; ex wives; girlfriends; mistresses; universal partners; business partners; disowned children; stepchildren; minor children; unknown children and extended family members – to name but a few. Not having a will leaves no clear indication of your wishes and can lead to chaos, drama and feuds which often result in High Court Applications. Estate Litigation is extremely costly and can deplete a huge amount of the estate assets which can result in little inheritance for your heirs. By not having a will you lose out on nominating guardians for your children; you lose control over who inherits your assets; and you lose control over choosing an Executor to wind up your estate. Having a well prepared will simplifies the distribution of your belongings and property; and will minimise stress for your family during a challenging time.
Beneficiaries & Executor
Whilst you may not be sure what should be included in your will as a starting point you should consider :
- Who your beneficiaries are.
- Identify who you would want to receive your assets.
- How you want to distribute or divide your assets among your beneficiaries. Who you would like to nominate as your Executor and be responsible for carrying out your wishes and winding up your estate.
List of assets
Once you have gathered your thoughts it might be helpful to make a list of your assets that would be distributed. Your assets might include :
- Fixed Property – for example your house.
- Movable Property – for example your car; shares.
- Interest in business.
- Savings in Bank Accounts.
- Valuable items – for example collectables, heirlooms, jewellery etc.
- Digital assets – for example electronic accounts; social media accounts.
Instructing an attorney
After instructing an attorney to draft your will; she would begin with the process. As well as details of how your assets are to be distributed many other clauses can be included in a will. Eg. Setting an age at which an heir can inherit; creating a Trust; creating a Usufruct; creating a fideicommissum; appointing a Guardian for children or pets; Exclusion of matrimonial property regime from heirs inheritance; cremation/burial wish; organ donor wish; and a living will.
People to nominate
The basic requirements are :- Your name; Identity Number; marital status and your home address.
- Name of your executor.
- Names of heirs.
- Names of Guardians if nominated.
- Details of any institutions which may be beneficiaries.
Contacts list for Executor
Once your will is drafted and signed – it may be beneficial for the Executor to keep a copy of the will together with a list of contact details of the heirs; copies of title deeds to properties; copies of insurance policies; and an inventory of assets and liabilities.
Store will safely
The original will should be kept in a safe place. At our firm we keep the wills filed in our security at no charge. If you are keeping a copy of your will at home, attach a note to the will; stating where the original will is kept.
Please make contact with us to secure an appointment for us to draft your will (article written by Cape Town lawyer,Clare Faria, clare@cloetebaker.co.za).
Family, Estate & notarial legal services
National Wills Week
We advise against waiting until September 2025, lest (God forbid) you die in the interim, but National Wills week in South Africa runs for a week evey September, providing an opportunity to have your will drafted or revised for free.
During this week the public are able to have a basic will drafted by an Attorney who has registered with the Law Society of South Africa for National Wills Week, to participate in the initiative (a list of firms participating is usually published in August).
nal Wills Week flyer by the Law Society of South Afrca"/>
South Afrca's 2024 edition of National Wills Week ran from the 16th to the 20th September 2024. It was sponsored by:
- Law Society of South Africa
- Legal Aid South Africa
- BLA
- Legal Practice Council
- Department of Justice and Constitutional Development
Deceased Estate Information
If a relative has died, perhaps without a will, and you are unsure of what do:
- Report deceased estate to the Master online
- Steps to take when your parent dies without a will.
- Lawyers in Cape Town specialising in deceased estates.
- Administrators in Cape Town for deceased estates .
- Letter of executorship requirements in South Africa.
- J192 form - next-of-kin (if no will)
- Nomination to act as executor (if no will)
- J190 form assistance
- Administration of deceased estates in South Africa.
- Property transfer cost in a deceased estate.
- Inheritance and child maintenance obligations.
- Intestate Succession Act
- Tracking deceased estates
- Death of a spouse before divorce if finalised
Wills
- How to write a will.
- Example of a last will and testament.
- Get your will drafted for free (by a lawyer).
- List of lawyers that draft wills in Cape Town.
- Consider updating your will when these events occur:
- when divorcing; to avoid your ex-spouse possibly inheriting everything.
- death of somebody mentioned in your will,
- the birth of a child you may want to include in your will,
- marriages
Connect with a Deceased Estate Expert today
Deceased Estate discussion forum
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