Importance of a will

A will is a legal document that outlines a person’s wishes regarding the distribution of their assets and the care of dependents after their passing.

Secondly, a will allows individuals to designate guardians for their minor children. This ensures that in the event of their untimely demise, their children will be cared for by someone they trust.

Moreover, a will can be a tool for tax planning, potentially reducing the tax burden on the estate. It allows for strategic decisions regarding the distribution of assets that can minimize tax liabilities.

A will also enables individuals to leave specific instructions for sentimental or valuable items, ensuring they go to the intended recipients. This can be particularly important for family heirlooms or items of personal significance.

In essence, a will grants individuals control over their legacy, providing peace of mind and security for both themselves and their loved ones. It’s a crucial document that should be considered a fundamental part of responsible financial and estate planning.

“A will can save one’s family from being put into a quagmired pit of legal conundrum, in case of death (which may even be untimely).”

Will Checklist

These requirements are specific to South African Law:

 

  • All persons (16 years and older) are competent to make a will
  • A wills must be in writing. It can be written by hand, typed or printed. ( note that a person who wrote the will in his/her own handwriting (and his/her spouse) may not be one of your heirs or the executor in the will)
  • The signature of the testator/testatrix must appear on every page of the will as well as at the end of the will (This signature must be made in the presence of two or more competent witnesses)
  • Any person of 16 years and above is competent to act as a witness (note that a witness and his/her spouse) may not be one of your heirs or the executor in the will)
  • A witnesses must attest the last page of the will in the presence of the testator/testatrix and of each other. If the will consists of more than one page, each page other than the page on which it ends must be signed anywhere on the page by the testator/testatrix and witnesses.
  • You must include all details of the assets you want to bequeath as well as the names and details of your heirs
  • Decide who should be your executor, and indicate this in your will (note that your nominated executor (and his/her spouse) may not be one of the witnesses to the will)
  • Decide and indicate what should happen to the inheritance of a minor beneficiary (e.g. Must it be paid into a trust, the Guardian’s Fund etc?)
  • If you are the sole guardian of your minor child, indicate who should be appointed as the guardian of your child after your death.
  • Ensure that your original signed will is kept safe by a trustworthy person or institution, as a copy of a will is not deemed a valid will.

We cannot plan our exit on this earth but we can make the lives of our loved ones that much easier by having our will in order.