How to Write a Will in South Africa?
What is a Will?
A will is a legal document that states a person’s desires as to how their property should be distributed in the event of his/her demise.
Do you need a lawyer to write a Will?
It is possible to draft a will using pre-designed template but is generally recommended to seek legal guidance from a lawyer.
How can I write a Will in South Africa?
The following details must be included in a written will
1. Your full name and ID number
2. Details of your properties.
3. Names of your beneficiaries.
4. How you wish to distribute your properties to your beneficiaries.
5. Name and ID number of the executor, thus, the person responsible for making sure your will is followed.
6. The date issued and your signature as well as the names and signatures of two individuals as witness of your will.
Is a handwritten Will legal in South Africa?
A handwritten Will is legal in South Africa.
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How much does it cost to make a will in South Africa?
The cost required to make a will in South Africa is from roughly R350 to R450.
What happens if a person dies without a will in South Africa?
The assets will not be distributed in accordance with the deceased’s wishes but will be subjected to Intestate Succession Act, 1987 (Act 81 of 1987). This means that the properties will be distributed to the deceased’s surviving spouse, children, parents or siblings according to a set formula.
What Makes A Will Invalid In South Africa?
A will is considered invalid when the specific requirements regarding formalities, capacity, execution, and witness of a will are not met.
Why Would A Will Be Invalid?
1. The will was forged.
2. The testator lacked mental capacity/testamentary capacity.
3. External influence like pressure, blackmail or underhanded strategies that influenced the drafting of the deceased will.
