Your last will and testament

A relative, friend, colleague has just passed on and you are weary, not knowing which way to turn or whom to ask for advice. In addition to dealing with the traumatic and emotional aspect of it all, you’ve come to learn that the deceased’s estate must be reported to the Master of the High Court to have their affairs wound up and finalized.

Should the testator (the deceased) have executed a valid will in terms of which the testator’s final wishes are to be carried out, the executor appointed in the will steps into the shoes of the deceased once a letter of executorship is issued by the Master of the High Court and carries out those wishes accordingly. In doing so, the executor’s duty includes the distribution and sale of assets as well as settling of debts and or liabilities.

The most thoughtful decision you will ever make.

In terms of the Wills Act 7 of 1953 the requirements for a valid Will are as follows:

The consequence of an invalid or incorrectly executed, or if no will was left, may result in the estate being administered in accordance with the provisions of the Intestate Succession Act 81 of 1997. In terms hereof, the deceased’s estate, loosely put, will devolve by way of a predetermined legislated matrix and will result in the intended beneficiary not inheriting in the fashion and manner intended.

In the end, it is imperative that your instructions and wishes are carefully documented and entrusted to the care of a specialist in the field, for it is the most thoughtful decision you will ever make.