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How To Create Your Last Will And Testament
How To Create Your Last Will And Testament
18 Sep 2023

Don’t have a will? Our handy guide can help you create one today. Many people don’t realise how important it is to have a will. In South Africa, if you pass away without one, your estate will be distributed according to the Interstate Succession Act. In this case, your spouse and closest blood relatives will inherit according to prescribed amounts and, if you have a long-term partner or adopted children, they’ll end up losing out.

Having a will also allows you to choose an executor – a person you trust to manage the distribution of your assets and pay off any debts. Without an executor, you’ll be leaving it up to the Master of the High Court to appoint one. It might not be the person you’d prefer and this process could take years. In the meantime, your loved ones can’t inherit a thing.  

 

How To Create Your Own Will

Creating a will doesn't have to be complicated. Here’s a handy checklist of what you’ll need to do to create your own will:

  • A wills must be in writing. It can be written by hand, typed or printed.
  • Decide who should be your executor, and indicate this in your will.
  • You must include all details of the assets you want to bequeath as well as the names and details of your heirs.
  • Decide and indicate what should happen to the inheritance of a minor beneficiary. For example, should it be paid into a trust or a Guardian’s Fund.
  • If you are the sole guardian of your minor child, indicate who should be appointed as the guardian of your child after your death.
  • Your signature must appear on every page of the will as well as at the end of the will. This must be written in ink.
  • Two witnesses must sign the last page of your will. Again, this must be in ink. Any person of 14 years and above can act as a witness, however the witnesses and their spouse can’t be one of the heirs or the executor of your will.


Keep Your Will Safe

Once you’ve created your will, ensure that the original signed version is kept safe by a trustworthy person or institution because a copy of a will is not considered valid. You can also have more than one signed copy of the original will, kept safe by multiple people, to ensure your family has easy access to it in the event of your passing.


Get Help Drafting Your Will


Don’t’ want to create a will on your own? You could always get assistance from attorneys, banks, chartered accountants, boards of executors, insurance companies and trust companies.

For those with more complex estates, it’s always a good idea to consult with a financial adviser that can help you create a comprehensive estate plan and draft a will. You could also take advantage of National Wills Week that runs from the 11th to the 15th of September and get free assistance to draft a will from participating attorneys. To find attorneys participating in National Wills Week in your area, visit the Law Society of South Africa (LSSA) online.  

Did you know you can apply for a will online with MiWayLife? You can also take out life cover with us online in a few simple steps. No calls and no agents! Make sure to take care of those you love today by buying MiWayLife cover online

 


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