How to Set a Will in South Africa
You probably won’t care too much about your fortune when you pass away, but do you want your life’s effort to be divided among unsuitable heirs? Your qualifying beneficiaries will inherit anything that is left of your property once all obligations and expenses have been paid through the laws of succession. The assets in your decedent’s estate will be dispersed in accordance with the Intestate Succession Act 81 of 1987 if you neglect to create a legally binding will. A percentage of your assets, which you may have preferred to donate to the SPCA, may end up going to your least favorite child or an estranged spouse as a result.
Therefore, if you want to assure that the people (or animals) you favor would gain from the delightful results of your labors of love create a legitimate Last Will and Testament so that your wishes are carried out when you die away.
Who is able to write a Will?
Anyone older than 16, unless they are unable to comprehend the intent and implications of a will.
What do you need to create your will?
The executor of your estate’s name and ID number.
Your spouse’s name and ID number.
How was your union? (IN Community of Property; OUT Community of Property without the accrual system; or OUT Community of Property with the accrual system).
Copy of the marriage license
Please provide a copy of your divorce or settlement agreement if you are divorced.
Names, ID numbers, and birth dates of all the children and other people you want to receive benefits from your will. If there are young children involved (children younger than 18 years old: Names and ID numbers of the guardians of the minor children).
Specifics regarding all assets, liabilities, insurance plans, etc.
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Who is eligible to testify?
If they are able to testify in court, anyone above the age of 14 may serve as a witness.
The individual named as executor (or his/her spouse) or who is to receive an inheritance (or his/her spouse) should not sign as a witness to the will (having regard to sections 4 and 4A of the Wills Act).
