Wills with Insure It Wize

Wills is a document in which a person ("testator”) makes sure that his/her belongings are distributed in accordance with his/her wishes after his/her death.

Wills

What are the requirements for valid Wills?

What are the requirements for a valid Will?

  • It must be in writing.
  • Wills must be signed at the end of it by the testator and two witnesses.
  • The testator and the two witnesses must sign the Will in the presence of each other. It should be noted that a person who signs as a witness is disqualified from receiving any benefit from the Wills.
  • If the Will consists of more than one page, each page must be signed by the testator and by the witnesses anywhere on the page.   
  • If the testator is not able to sign the Will (for example, where she cannot read or write), someone can sign the Will on his/her behalf or the testator can sign the Wills by making a mark (like a thumbprint or a cross). A commissioner of oaths must be present when the testator makes the mark or someone else signs on behalf of the testator.
  • Any provision in the Will may not be against the public interest or good morals.


What are the basic elements that must be included in the content of the Will?

  • The Wills must contain:
  •    a distribution of property;
  •    the extent of the interest in the property (full or limited ownership); and
  •    the identities of the heirs (the persons who must receive the property).
  • The Will can also make provision for the nomination of an executor and a legal guardian of the minor children of the testator; a testamentary trust; and a clause stating that all previous Wills are cancelled.

What will happen if a person dies without a Will?

  • If a person dies (“deceased”) without a Will, the property will be distributed in terms of the laws of intestate succession.
  • According to intestate succession, property will be distributed amongst the deceased’s spouse, children and family (if any) according to certain rules relating the order in which they will be entitled to inherit.
  • If the deceased did not have a spouse, children or family, the property will be forfeited to the State.


Where must a Will be kept?

  • Wills should be kept in a place that is safe and where it can be easily found after the death of a testator.
  • The testator must inform a reliable person of the whereabouts of his/her Wills.
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