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Last will and testament in Cape Town
Book your appointment now to have a basic Will drafted by an Attorney free of charge; if you allow the attorney to be Executor.
No one wants to think of the possibility of their passing away. It is however an eventuality we will all pass away. How we plan for what happens after we pass away will have a huge impact on our loved ones we leave behind.
Last will and testament - sample
Click here to see a free sample of a last will and testament; of course it's highly unlikely to match your needs, and would need to be adapted with the help of an expert lawyer, but gives you an idea.Dying without a will
There are many misconceptions relating to the drafting and executing of Wills. The main one we often hear being : “if I die without a Will my assets will go to the State.” This is of course not true. If you die without a Will your estate will be wound up in terms of the Intestate Succession Act. The Act sets out a set formula in terms of which your Asset’s are divided among your closest relatives. It is true that if no relatives are found your estate devolves upon the Guardians Fund and if, after 30 years it remains unclaimed, it will be forfeited to the State. It is important to note that in terms of the Intestate Succession Act beneficiaries include a Spouse; biological and adopted children; parents or other blood relatives. Life Partners (not married to the deceased) do not automatically qualify to inherit in terms of the Intestate Succession Act. If you are in a long term partnership with someone and want to guarantee that your partner will inherit part of your estate you must make sure this is stipulated in your Will.
Wills must drafted & signed properly
People also think that electronic versions of Wills saved on their computer and digitally signed by them is sufficient for a Will to be valid. This is not true.
The Wills Act governs the creation interpretation and execution of Wills. It sets out the formal requirements of a Will which includes :- That the Will must be in writing; either hand written or typed
- The testator must physically sign the Will in pen ; in the presence of two competent witnesses who must also sign the Will.
- There are further rules relating to witnesses, one of the most important being that a witness cannot inherit anything from the Will they are signing.
Appointing an executor
When drafting your Will remember that you are under no obligation to appoint a financial institution as executor, it is your choice who the executor will be. Your executor can be any person over 18 years with mental capacity to Act. You may consider appointing a relative together with an Attorney. For practical purposes it is advantageous to appoint an Attorney, who is familiar with the various Acts, the Master’s Office Procedures and the winding up of estates.Quote for Family Lawyer
Deceased Estate Information
If a relative has died, perhaps without a will, and you are unsure of what do:
- Steps to take when your parent dies without a will. .
- Deceased estate administrators in Cape Town.
- Letter of executorship requirements in South Africa.
- Administration of deceased estates in South Africa.
- Cost of transferring property that you inherit in a deceased estate.
- Inheritance and child maintenance obligations.
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
Deceased Estate discussion forum
Note that this is a public forum - exercise caution before acting on info and use at own risk. Anybody may ask and answer, and you don't know what their level of expertise is. No information on this website should be acted on without first consulting with a lawyer to test its validity. Do not share private details here.
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