The Importance of a will

What is a will?

A will is a document in which you set out how your estate must be administered (what must happen to your assess and liabilities) when you die.

 

Why should you have a will?

A will allows you to decide how you want your estate to be administered and who should be the beneficiaries of your estate which is referred to as testate succession.

If you die without leaving a last testament you are said you have died intestate succession and will your will be divided in terms of the intestate succession act.

 

Who can make a will? 

Anyone over the age of 16 years can make a will as long as the person has the capacity to do so and understands the consequences of their actions.

 

Requirements for a legally valid will: 

  • There are specific requirements a Will must comply with which are regulated by the Wills Act 7 of 1953.
  • The requirements for a valid Will are as follow:
    • A person must be over the age of 16 (sixteen) years.
    • The Will must be in writing. This means that a Will can by typed or handwritten. If the Will is handwritten, it must be remembered that the person who writes the Will is not allowed to be mentioned as a beneficiary in that specific Will.
    • Each page of the Will, including the last page, must be signed by the testator. The Will must also be signed by two competent witnesses. A person will qualify to be a competent witness if s/he is 14 (fourteen) years of age or older