Death is inevitable, it is not a matter of ‘if’ but a matter of ‘when’. The question is, when you die, will your current Will be enforceable and valid by Law? or will there be disputes over it, brewing a family feud? To avoid any disputes over your Will and your desires, let us assist you with the requirements for a valid Will.
Who is qualified to draft a will?
The Law stipulates that any individual who is mentally capable, aged 16 years and above is qualified to draft a Will, the sole disqualifying/invalidating criterion in this context is the mental incapability/instability of the one drafting the Will. It is paramount to note that if a Will is written by hand, the individual who drafted the Will is disqualified/exempted from being a beneficiary of that Will.
Who is legally recognized to be a witness to a Will?
It is an individual aged 14 years and above, who is deemed mentally capable to provide evidence in a court of Law. Legislation stipulates that a beneficiary of a Will cannot sign as a witness to the Will, as this establishes a conflict of interest. The repercussion of a beneficiary who is also a witness is that they get disqualified from inheriting anything from the Will.
The requirements for a valid Will in South Africa?
Regulated by the Wills Act 7 of 1953, the requirements are as follows:
- A Will must be in writing (typed or handwritten);
- -A Will must be signed by the testator/testatrix anywhere on the page, except the last page where the testator/testatrix should sign at the end of the text of the last page of the Will (more on signature formalities below);
- A Will must be witnessed by two competent witnesses. We recommend that the witnesses sign each page;
- If the Will is more than one page, the testator/testatrix must sign every page. A witness is not legally required to sign every page, only at the end, but we recommend that they sign every page; and
- It is not a legal requirement to date a Will, however, it is HIGHLY advisable that a Will is dated to determine which Will is the latest (take it as a requirement).
Conclusion:
Should your Will be rendered invalid and thus not legally binding, your estate will be devolved according to the laws of Intestate succession as regulated by the Intestate Succession Act 81 of 1987. It is therefore of paramount importance that you get in touch with qualified legal practitioners from Manzankosi Corporate Legal Consultancy, who will assist you with ensuring your wishes and desires regarding your hard-earned possessions are realized accordingly once you have departed the land of the living. WhatsApp 067 147 2323 / 081 712 1114 or email: info@manzankosiclc.co.za.
