What is a last will and testament and why is it an important document?
A last will and testament is the legal document by which you, the testator, identifies the beneficiaries who are to receive your assets on your death. In short, this document provides instructions defining how these assets should be divided and amongst whom.
- What happens if I die without a will?
Should you die without a valid will, your estate will be divided according to the rules set out in the Intestate Succession Act of 1987. In basic terms, the SA Government will use a default will for you.
Your assets will be distributed in a way that is different from what you would have chosen had you taken the opportunity to do so.
- Can I draft my own will?
This can be a minefield for someone who does not understand the laws applicable. Drafting your own will can be potentially dangerous and should be avoided. Failure to comply with the formalities of the Succession Wills Act 7 of 1953 can lead to the will being regarded as invalid.
It is advisable to request the assistance of a qualified attorney with the necessary experience.
- Where should I keep my will?
The original will is required when reporting a deceased estate. It is therefore important to keep your will in a safe yet accessible place. Your attorney or someone you trust should also keep signed copies in case the original is destroyed.
- How often should my will be updated?
The decision is yours. The most current valid one in existence at the time of your death will be regarded as your last will and testament.
It is advisable to review your will in the event of significant life changes, such as marriage, the birth of a child or retirement.
At Webbers Attorneys we take great care in providing you professional and trustworthy assistance when drafting your will.
Our team has the necessary knowledge and expertise to ensure that your will is drawn in accordance with the law and your instructions. You will have the confidence that your will has been properly executed and is valid and binding in terms the Will Act.