DRAFTING OF WILLS LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Drafting Legally Binding Wills In South Africa
WHAT DOES DRAFTING A WILL IN SOUTH AFRICA ENTAIL?
A will is an instruction that is documented with the assistance of an attorney on how you want your assets divided after you pass away. Wills, once completed, ensure that the testators’ wishes and belongings are distributed by following their wishes after their death. Dying without a will means that your estate is divided amongst your surviving spouse, children, parents or siblings according to a set formula under the Interstate Succession Act, 1987 (Act 81 of 1987). Any person over 16 years of age can make a will. It is, however, advised to consult with a professional attorney to draw up a will.
What information will your attorney require to draw up a Will?
When drafting a will, ensure that you’ll have sufficient liquidity (cash) in your estate to cover all debt and expenses. Also, be clear in bequeathing your assets so that each beneficiary gets what you intended them to benefit. Add up your assets like property and your car. (Note that the value of your assets in your estate is at market value.) Include other assets considered part of your estate like savings, shares and insurance policies. Deduct liabilities, like long-term debts, a bond and taxes; to ascertain your current net worth.
Once you have an idea of your assets and a clear idea of your wishes, PM Attorneys’ professionals can help you draft a will. Our experts will also advise on other legal matters affecting a Will, such as capitals gain tax and marriage regimes.
WHAT ARE THE REQUIREMENTS OF A VALID WILL IN SOUTH AFRICA?
A Will must be signed by the testator and two witnesses in writing.
The Will must be signed with all parties present (the testator and two witnesses).
Persons signing as a witness are disqualified from receiving any benefit from the Will.
The testator and witnesses must sign a Will consisting of more than one page, on all pages.
If the testator cannot sign the Will (for example, where s/he cannot read or write), a nominated party can sign the Will on his/her behalf in the presence and by the discretion of the testator. Alternatively, the testator can sign the Will by making a mark (like a cross). In this case, a commissioner of oaths must be present when the testator makes the mark or another party signs on behalf of the testator.
INSIST ON DEALING WITH SPECIALIST DRAFTING OF WILLS ATTORNEYS
A will is one of the most important legal documents you will ever conclude. Many individuals find the process of drafting a Will difficult and inconvenient. PM Attorneys’ drafting of wills lawyers in Pretoria have years of experience in preparing legal and valid wills that are easy and convenient for clients. We pride ourselves on offering ideal solutions for all individuals irrespective of their circumstances. Our specialist service offering and expertise lie in drafting simple and complex wills, worldwide and offshore wills, wills with the inclusion of trusts and Shari’Ah compliant wills.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal resolutions to your will matters.
