Last Will & Testament

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If you pass away without a will or a valid will, the Intestate Succession Act 81 of 1987 will decide who gets what, without any regard to your wishes or your family needs.

Your life can change in a single minute … and so can your family’s. Should you die, a will helps to ensure that your family needs are met according to your wishes.

Who is competent to make a will?
All persons of 16 years and over and who is of sound mind may make a will. Who is competent to act as a witness to a will? All persons of 14 years and over. A beneficiary to a will should not sign as a witness, because he/she will then be disqualified from receiving any benefit from that will.

Who is competent to act as a witness to a will?
All persons of 14 years and over. A beneficiary to a will should not sign as a witness, because he/she will then be disqualified from receiving any benefit from that will.

What are the requirements for a valid will? Since 1 January 1954 all wills must be in writing. It can be written by hand, typed or printed. The testator/testatrix must sign the will at the end of the document. If the will consists of more than one page, each page must be signed by the testator/ testatrix in the presence of two witnesses. The witnesses must attest and sign the will in the presence of the testator/testatrix. 

What is a living will?
A living will is a legal document that directs which medical treatment(s) should be given, under directed instances and to which extend it is to be administrated, when a person cannot direct so themselves. For example, you have been diagnosed with serious or terminal illness or wish to leave directions for your loved ones or physician should a medical situation or emergency arise.

  • You recently got married or you are living with someone.
  • You want to protect your estate from paying excessive taxes or debts, or becoming insolvent.
  • You want to support your favourite charity or donate your organs after death.
  • You have started a business or your business has expanded, and you need to make provision for the future, ensuring it does not lose value and burden your estate.
  • You want to appoint a guardian or set up a trust fund for your children to ensure they are protected and cared for.
  • You were recently, or are in the process of getting divorced, or are now separated from your partner.