keep calm willA Last Will and Testament is one of the essential legal documents everyone should have.

South Africa has freedom of testation which means we can bequeath our estates how we wish with very little limitation.

We will deal with the contents of a Will in future articles.  We also have a glossary of common words and terms relating to Wills, click here.

This article sets out some of the important aspects of signing your Last Will and Testament properly.

Signing

Each page of the Will must be signed in full by the testator(s) and by two competent witnesses.

Testator(s) Age

.

The testator(s) must be over the age of 16 years and mentally capable of appreciating the nature and effect of this act.

Witnesses Age

Witnesses must be over the age of 14 years and competent to give evidence in a Court of Law.

Time of signing

The testator(s) and the witnesses must sign at the same time in the presence of each other.

Who may not sign

People who are named as beneficiaries, guardians, executors or trustees (including their spouses) may not sign as witnesses.

Additions, deletions and changes

Additions, deletions and changes to the Will must be legible and clear and must be individually signed (full signature) by the testator(s) and the witnesses in the margins opposite the addition / deletion / change.

Signing with a mark or through third party

 

.

If the testator signs the Will by making a mark or if it is signed by some other person on the direction of the testator, a Commissioner of Oaths must certify that he has satisfied himself as to the identity of the testator and that the Will, so signed, is the Will of the testator.  Each page of the Will, excluding the page on which his certificate appears, must also be signed by the Commissioner.  The Commissioner may not sign as a witness.

Will must be dated

The Will must be dated on the last page.

Original Will

Keep the original Will somewhere safe and ideally let you family know where the Will is kept
GET A LAST WILL AND TESTMENT
iLawyer WillA Will is one of the most important documents you will ever make; If not not have a Will or if you need a new Will you can consider a Last Will an Testament from iLawyer; create the document online at a very affordable price.  Select "Get Started" to visit iLawyer.

DISCLAIMER: THERE ARE MORE CONSIDERATIONS THAN WE CAN COVER IN THIS ARTICLE SO ONLY USE THIS INFORMATION AS A GUIDE.   THIS INFORMATION DOES NOT CONSTITUTE LEGAL ADVICE.  IT IS ALWAYS BEST TO DISCUSS YOUR SITUATION WITH AN ATTORNEY; CONTACT US AT 0861 88 88 35helpdesk@gcm-legal.com AND THROUGH THE CONTACT FORM ON THIS PAGE.

Pin It on Pinterest

Share This