Wills Attorneys in Pietermaritzburg
Simple Wills

Testamentary Trust Wills
Joint Wills
Living Wills


Requirements for a will to be valid

Frequently asked Questions about Wills & Estates in South Africa
- 1. What will happen if I die without having drafted a will?
Not having a will means that certain laws will regulate who the beneficiaries of your estate will be. A will specifies chosen beneficiaries and avoids complex problems.
- 2. Can I draw up my own will without seeking professional legal advice?
Yes you can but it is best to leave it to the professionals as there are many legal formalities that must be complied with in order for it to be valid.
- 3. At what age should I consider drafting a will?
Anyone aged 16 or older can draft a will provided they are mentally capable at the time to do so.
- 4. Is a handwritten will legal in South Africa?
Yes, a handwritten will is legal in South Africa provided it is legible and free of any errors. It should also be signed by the testator or testatrix and two independent witnesses.
- 5. What makes a will legally invalid?
If provisions in your will are inserted fraudulently, under coercion or undue influence, it is not legally valid. If there are no witnesses present, your will is not valid.
- 6. How do I certify a will in South Africa?
Each of the pages of your will need to be signed and certified by a commissioner of oaths. Testators must make a mark or thumbprint in the presence of at least two competent witnesses as well as the commissioner of oaths.
- 7. How much does it cost to draw up a will in South Africa?
Many legal practitioners offer free options provided they are appointed as the executor. They will then be paid a fee which you can specify in your will. This fee may not exceed the prescribed tariff of 3.5% of your total assets.
- 8. Where should I keep my will?
Because a copy of your will is not deemed a valid document, you need to ensure that your signed, original will is kept safe by a trustworthy person or institution.
- 9. Can I amend my will?
If you want to make a minor change to your will or add something, then you can make use of a codicil. This is an annexure that supplements or allows you to amend an existing will.
- 10. Can my will be contested?
Yes it can. There are various reasons why someone would want to contest a will. It can be contested on the grounds that the document and/or the testator’s signature was forged. It could also be disputed by family if they have suspicions regarding heirs who are set to benefit or if there was a failure to meet the necessary formalities.
- 11. Can my immovable property offshore be covered in my South African will?
Fixed assets pose a problem as they are subject to the laws of the country where they are located. It is advisable to have your foreign will drafted by an expert on the law in which your assets are situated.
- 12. Who is not able to inherit from a will?
Witnesses to a will are not permitted to inherit from the deceased’s estate. Anyone found to be responsible for the death of the deceased. Any person who writes a will or any part thereof, on behalf of the testator will not be able to inherit.
- 13. Can a minor inherit immovable property?
Yes they can with the assistance of their legal guardian specified by you in your will or a guardian appointed by the courts. The guardian will be responsible for administering the property until the child reaches the age of majority.
- 14. Is a one-page will sufficient?
One-page wills, although better than no will at all, seldom make provision for a testamentary trust to be formed in the case where a minor inherits. Provisions must be stipulated otherwise the minor’s inheritance will be paid into the Guardian’s Fund.
- 15. What is the Guardians Fund?
It is a fund that receives and manages money on behalf of a person who is legally incapable of doing it themselves. This includes any inheritance intended for a minor beneficiary
- 16. What should I consider when drafting my will?
Ambiguity in your will can lead to confusion regarding specific request. Various factors need to be considered when drafting your will. These include estate duty implications in your estate. What capital gains tax would your estate have to pay? Whether or not your family will have enough cash to keep them going until your estate is wound up.
- 17. What is a joint will?
A joint will is a document that contains the wills of 2 persons. These wills are common among married couples who intend to leave their property to one another.
- 18. What is a testamentary trust will?
This will includes provisions that place a portion of your estate into a trust.
- 19. What is a living will?
This will is to provide detailed instructions about the type of medical treatment or life-saving measures you want to be used should you become unable to communicate those wishes for yourself.
- 20. What is a simple will?
Also known as a basic will, this is the most common type of will. In this will you give direction as to how to distribute simple assets from the estate to your beneficiaries.