Drawing up your last will and testament in South Africa involves certain formalities like appointing an executor to administer your estate in the event of your death.
The executor is responsible for dealing with creditors and debtors, and paying costs such as estate duties and funeral bills from the estate account.
South African wills or joint wills with your spouse can be drawn up on your own. It is important to have witnesses and the assistance of a professional, such as a solicitor, bank, or will writer.
Basic requirements of a will
- A South African will must be drawn up in accordance with the Wills Act South Africa:
- The will must be signed at the foot of each page;
- The will must be signed in the presence of two or more witnesses;
- The witnesses must be aged over 16 and must also sign the will;
- The witnesses may not be executors or beneficiaries
What you’ll need to write a will
A last will and testament must include the following items in South Africa:
- Name and identification details of the executor of your estate
- Name and ID number of your spouse and details of your marriage (e.g., whether you have community of property)
- Copy of your South African marriage certificate (or decree of divorce and settlement agreement)
- Names and ID numbers of all children/dependents you wish to benefit from your will
- Names and ID numbers of any grandchildren
- The name and contact details of a guardian/guardians if you have young children
- Details of any parties or institutions you wish to benefit
- Copies of title deeds for immovable properties in South Africa (or mortgage bonds thereof)
- Copies of all insurance policies
- An inventory of liabilities
Writing your will with the help of a professional
If you have a complicated estate, contact an attorney to draw up your will. If you’d rather draw up a will on your own, consult a South African Will template.
Regardless of how you write your will, it is important to make copies and retain the original. Ensure your loved ones know where the original will is.
Amending your will
Changing a will can be accomplished by amending it through a codicil, which essentially serves as an update to the will and must adhere to the requirements of a valid will, including two witnesses.
You do not need to have the same two witnesses as when you signed your original will as witnesses for this codicil.
Alternatively, you can revoke a will completely by creating a new will that states the previous will has been revoked or by destroying the old one.
We strongly recommend you seek legal assistance if you wish to make changes to or revoke your will so that you don’t make any mistakes.
