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When drafting a Will in South Africa, it is vital that it meets all of the requirements set out by the Will Act 7 of 1953 (“The Act”).
The formalities are set out in section 2 of the Act:
When planning a will, ensure that the following is expressly included:
This clause revokes all previous Wills of the testator and gives indication that the current Will is the last Will of the testator.
In your Will you need to appoint an executor who will execute your wishes as stipulated in your will.
Ensure that you expressly stipulate your heirs to ensure clarity when it comes to the inheritance upon your death. Further, in the case that your heirs are minors at the time of your death, that provision is made as to what should happen to the benefit until the minor heirs reach the age of majority.
This clause excludes any benefit received by heirs from their matrimonial property system if they are married or marry any time in the future. The benefit received by the heirs will belong to the heirs personally and not form part of any community or accrual.
It is important to include an estate duty clause in your will to ensure that the estate duty which may become payable, whether such duty be assessed on the property of the estate or property which the law deems to be property at the date of your death, that the estate be liable for such duty and not the heirs.
In this clause, you will nominate a guardian in the case where you have minor children. In the event that both you and the minor/s other natural parent dies, this clause will indicate who you nominate to be the guardian of your minor children.
This is an optional clause which you can include in your will if you have any specific wishes for your burial.
Having a Last Will and Testament is critical. Not only does it ensure that your estate is divided according to your wishes – it also ensures that your family is cared for after your death.
Contact our law firm in Cape Town – we will gladly and professionally assist you with the drafting of your Will.
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