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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2015-06-12
Thinking of making a will? Below are some useful tips and information.

Adapted from Department of Justice & Constitutional Development.

A will must be in writing, either handwritten, typed or printed. It must be signed at the end of the will. Any person 16 years and older can make a will. The signature of the testator must be made in the presence of two or more competent witnesses. The witnesses must also sign the will in the presence of the testator and of each other.

What are the requirements for a valid will if I cannot sign my name?

You may ask someone to sign the will on your behalf or you can sign the will by the making of a mark such as a thumbprint. You would need to sign the will in the presence of a commissioner of oaths and two witnesses as well. The commissioner will put up a certificate that he/she has satisfied as to the identity of the testator and that the will so signed is the will of the testator.

What is a codicil?

A codicil is a schedule or annexure to an existing will, which is made to supplement or to amend an existing will. A codicil must comply with the same requirements for a valid will. A codicil need not be signed by the same witnesses who signed the original will.

What if I want to amend my will?

Amendments to a will can only be made while executing a will or after the date of execution of the will. Amendments to a will must comply with the same requirements for a valid will. When amending a will, the same witnesses who signed the original will need not sign it.

Must I amend my will after divorce?

Yes, it is strongly recommended that you do amend your will after divorce. There is a provision in our law which says that unless you expressly provide otherwise, a bequest to your divorced spouse will be deemed revoked if you die within three months of the divorce.

This provision allows a divorced person a period of three months to amend his/her will, after the trauma of a divorce. This means that if do not amend your will three months after your divorce, your divorced spouse will benefit as set out in your will. [All divorced persons should take note of this important provision].

What will happen if I do not leave a will?

If you die without leaving a will or a valid will, your estate will devolve according to the intestate law.

It's best to consult your attorney to draw up your will. These services are sometimes offered for free by various institutions such as the banks and estate planners. However there is usually a condition that you appoint that institution as the executor of your estate, allowing them to then claim executor fees against your estate.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.