– Summary
A Will is an essential legal document. It will help your family fulfil your wishes and make the legally required steps faster to get through.
A 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.
Contents
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 a 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 your family know where the Will is kept |
Get a Last Will and Testament Now
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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 35; helpdesk@gcm-legal.com AND THROUGH THE CONTACT FORM ON THIS PAGE.
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