Your Last Will & Testament – The Most Important Decision You Will Make

20 September 2022

AUTHOR: PHILLIP SAMPSON, CELINE BAKKER

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.

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

• The person executing the Will (Testator) must be over the age of 16 years.
• The Will must be in writing. This means that a Will can by typed or handwritten.
• Each page of the Will, including the last page, must be signed by the Testator.
• The Will must also be signed on each page by two competent witnesses. (over the age of 14 years who are capable of understanding and appreciating the consequences of their actions)
• The Testator must be of sound mind (i.e. must have the mental capacity to act and have the ability to appreciate and understand the consequences of their actions)
• The Testator can ask someone to sign the will on their behalf or sign by making a mark if they cannot write. In such an instance, a commissioner of oaths must be present when the document is signed and the commissioner of oaths must certify that she has satisfied herself as to the identity of the testator and that the document is the will of the testator and every page of the document is signed.* The commissioner must sign every page of the will and place their certificate and signature on the will as soon as possible after the will has been signed.

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.