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Photograph representing Last Will and Testament

Last Will and Testament

R449

Create a legally structured last will and testament to record who must inherit your estate, who will act as executor, who should care for minor children, and how your assets should be distributed after death.

A Last Will and Testament is used to record how a person’s estate should be distributed after death. It allows the testator to appoint an executor, nominate heirs, create testamentary trusts, make special bequests, nominate guardians for minor children, and give instructions about estate administration.

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South African legal context (2026 checklist)

A will must comply with formal signing requirements to be valid. In South Africa, the testator must generally sign the will in the presence of two competent witnesses who also sign in the presence of the testator and each other. Beneficiaries and nominated executors should preferably not sign as witnesses because this can create legal complications.

  • Wills Act 7 of 1953
  • Administration of Estates Act 66 of 1965
  • Intestate Succession Act 81 of 1987
  • Maintenance of Surviving Spouses Act 27 of 1990
  • Estate Duty Act 45 of 1955
  • Trust Property Control Act 57 of 1988, where a testamentary trust is created
  • Children’s Act 38 of 2005, where minor children or guardianship are involved
  • Matrimonial Property Act 88 of 1984
  • Recognition of Customary Marriages Act 120 of 1998

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the testator’s full name and ID number?
What is the testator’s full name and ID number?
Is the testator married, divorced, widowed, single, or in a customary marriage?
Is the testator married, divorced, widowed, single, or in a customary marriage?
What marital property regime applies?
What marital property regime applies?
Does the testator have children or dependants?
Does the testator have children or dependants?
Are any children minors?
Are any children minors?
Who should be appointed as executor?
Who should be appointed as executor?
Who should inherit specific assets?
Who should inherit specific assets?
Who should inherit the residue of the estate?
Who should inherit the residue of the estate?
Should any inheritance be held in trust for minor children?
Should any inheritance be held in trust for minor children?
Should a guardian be nominated for minor children?
Should a guardian be nominated for minor children?
Should previous wills be revoked?
Should previous wills be revoked?
Are there funeral wishes or special instructions?
Are there funeral wishes or special instructions?

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