Free will and testament in Cape Town

Email lawyer@capetownlawyer.co.za to get the process started of having your will drafted.

National Will Week is Over. You can still get your will done for free! If you missed National Wills week (16 to 20 Sep 2024), do not despair, you can still get your will done for free! The only "catch" is that you'll have to make the lawyer who drafts the will the executor; which is not a big downside if the attorney is carefully chosen.

Email us for help with getting your will done for free; lawyer@capetownlawyer.co.za - we can vouch for the attorneys who'll help you. If you want a will drafted and know who you want to appoint as as executor it's only R900 to have a lawyer help you draft it.

Book your appointment now to have a will drafted by a lawyer free of charge.

Lawyer drafting a scroll with the scales of justice being held behind him

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.

It is very important for a Will to be drafted and signed properly. It is not a simple process for heirs to approach the High Court for an order directing the Master of the High Court to accept an invalid Will. The Court will need to be satisfied that the document was drafted and executed by the deceased and that the deceased intended it to be his/her Will.

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.

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