Asked by the Customer on 09-03-2016 15:34:16
Question posted in the General Law category relating to Western Cape
Question posted in the General Law category relating to Western Cape
I have helped an elderly friend draw up her simple will but before she signs it, I would like to check that it is legally valid and sound. Are you able to help me ?
Message from the Attorney
Posted by Att. Patrick on 09-03-2016 17:19:14
Hi there and thank you for your question,
The requirements in South Africa for a Will to be valid are quire straight forwards:
1. Since 1 January 1954 all wills must be in writing. It can be written by hand, typed or printed.
2. The testator/testatrix must sign the will at the end thereof.
3. The signature of the testator/testatrix must be made in the presence of two or more competent witnesses.
4. The witnesses must attest and sign the will in the presence of the testator/testatrix and of each other.
5. If the will consists of more than one page, each page other than the page on which it ends must be signed by the testator/testatrix anywhere on the page. (Although the testator / testatrix must sign all the pages of the will it is only the page on which the will ends, that needs to be signed by them at the end of the will).
As long as those are complied with, I can assure you that the High Court will bend over backwards to ensure that they give effect to the testator's wishes as much as they can.
If you want to scan the Will and let me have a quick look then convert the will into PDF format and upload it here: https://www.docdroid.net/
Reply with the link they the website gives you and I will be able to see it.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
The requirements in South Africa for a Will to be valid are quire straight forwards:
1. Since 1 January 1954 all wills must be in writing. It can be written by hand, typed or printed.
2. The testator/testatrix must sign the will at the end thereof.
3. The signature of the testator/testatrix must be made in the presence of two or more competent witnesses.
4. The witnesses must attest and sign the will in the presence of the testator/testatrix and of each other.
5. If the will consists of more than one page, each page other than the page on which it ends must be signed by the testator/testatrix anywhere on the page. (Although the testator / testatrix must sign all the pages of the will it is only the page on which the will ends, that needs to be signed by them at the end of the will).
As long as those are complied with, I can assure you that the High Court will bend over backwards to ensure that they give effect to the testator's wishes as much as they can.
If you want to scan the Will and let me have a quick look then convert the will into PDF format and upload it here: https://www.docdroid.net/
Reply with the link they the website gives you and I will be able to see it.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
PDF uploaded
https://www.docdroid.net/q4YjXQ3/anonwill.pdf.html
https://www.docdroid.net/q4YjXQ3/anonwill.pdf.html
Message from the Attorney
Posted by Att. Patrick on 09-03-2016 19:24:07
Hi there,
The Will looks fine to me. Just ensure that everyone initials each of the first two pages!
Also, you should read up on representation per stirpes. https://en.wikipedia.org/wiki/Per_stirpes
I would change paragraph 1 to read:
"I direct that my immovable property be sold and the proceeds be dividend equally between my children, XXX, XXX and XXX, with representations per stirpes."
In that way you are ensuring that if one of the children die, then at least their children would still benefit from the legacy.
Also, don't be specific about the actual house. What happens if the lady sells her house and buys another place. If she's been specific in the Will then how will the executor deal with the new house?
Be general saying "my house".
You should also change paragraphs 2 to 6 to include the words ",with representations per stirpes." If you don't, and that specific person passes away before this lady, then that specific legavy would fall into the residue.
The Will looks fine to me. Just ensure that everyone initials each of the first two pages!
Also, you should read up on representation per stirpes. https://en.wikipedia.org/wiki/Per_stirpes
I would change paragraph 1 to read:
"I direct that my immovable property be sold and the proceeds be dividend equally between my children, XXX, XXX and XXX, with representations per stirpes."
In that way you are ensuring that if one of the children die, then at least their children would still benefit from the legacy.
Also, don't be specific about the actual house. What happens if the lady sells her house and buys another place. If she's been specific in the Will then how will the executor deal with the new house?
Be general saying "my house".
You should also change paragraphs 2 to 6 to include the words ",with representations per stirpes." If you don't, and that specific person passes away before this lady, then that specific legavy would fall into the residue.
Answer Accepted
This answer was accepted on 10-03-2016 11:35:58
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