Why do I need a Will?
A Will, which is a legal document, allows you to make your wishes known once you’re no longer here. This can take huge pressure off of a bereaved family during a difficult time of death. Having a Will helps to clarify exactly how you want your assets to be distributed after death.
When are you allowed to make a Will in South Africa?
All persons 16 years and older are able to make a will in order to determine how their estate should devolve upon their death, unless they were mentally incapable of acknowledging the consequence of their actions. The person who draws up a will is called the testator/testatrix.
Who is able to as a witness to a Will?
All persons of 14 years and over are competent to act as a witness to a will, provided that at the time they witnessed the will they were not incompetent to give evidence in a court of law.
Is anyone disqualified from inheriting under a Will?
The following people are disqualified from inheriting under a will: a person or his/her spouse who writes a will or any part thereof on behalf of the testator; and a person or his/her spouse who signs the will on instruction of the testator or as a witness. Consult your legal representative for more information in this regard.
What will happen if I do not leave a Will?
If you die without leaving a will or a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987).