Now that you've received your carefully customised Last Will and Testament, you're going to want to make sure that there is absolutely no room for any uncertainty after your death. So remember the following easy steps when you sign your Will:
✍️ The testator(s) (i.e. the person or people making the Will) and each witness must sign every page and at the end.
👥 All parties must sign in each other's presence to ensure validity.
🎯 You will see that the signature page indicates the spots where you should sign above your name.
📅 Remember to fill in the date and place of signature. Spaces have been provided for this on the signature page.
⚖️ It is also very important that the Will is signed by two witnesses.
🚫 The two witnesses you choose must not be beneficiaries or executors of the Will.
🖊️ Witnesses should sign every page and then sign in full on the signature page in the places provided.
🖨️ On the signature page only, the witnesses should print their names below their signatures.
Once you've finished signing your Will, make sure you keep the original in a safe place and give someone instructions on where to find the Will after your death. It's also a good idea to make a few copies of the Will so that they can also be stored in a safe place.
Well done on completing your Will. You've not only ensured that your family's interests are protected after your death, but you've also ensured your own peace of mind and that of your loved ones.
Please remember to update your last will and testament regularly - changes in your personal or financial circumstances can have important impacts on the application and interpretation of your will.
-- 2 of 6 --
LAST WILL AND TESTAMENT
of
[FIRST PARTY]
ID NUMBER [……………………]
-- 3 of 6 --
Last Will and Testament
I, [FIRST PARTY], ID number [……………………] (“the Testator”), presently residing at South Africa, declare that this document is my last will and testament (“this Will”). I am over the age of 16 years and have testamentary capacity.
1 I hereby revoke all previous wills, codicils and other testamentary writings made by me and confirm that this is my last will and testament.
2 I direct that an executor and trustee of my estate be appointed in accordance with the Administration of Estates Act 66 of 1965 and related law, and I may complete a written nomination of executor(s) before signing.
3 The Executor shall be exempt from furnishing security; however, this exemption is subject to any lawful requirement by the Master of the High Court in terms of the Administration of Estates Act 66 of 1965.
4 The Executor may, in the Executor’s discretion, employ agents (including attorneys, conveyancers and tax practitioners). The Executor shall be entitled to statutory remuneration or such lesser fee as agreed, plus VAT if applicable.
-- 4 of 6 --
5 I give, devise and bequeath the residue of my estate, after payment of debts, funeral and testamentary expenses, and any legacies I may direct by memorandum or codicil, to the beneficiaries and in the shares I may record in writing signed by me or, until then, to my heirs at law as determined by the Intestate Succession Act 81 of 1987, subject to amendment on paper before signature or by a later will.
6 If any beneficiary predeceases me or fails to inherit, his or her share shall devolve upon his or her descendants per stirpes, or as the Master may direct if descendants cannot inherit.
7 If any beneficiary is under 18 when his or her inheritance becomes payable, or lacks capacity in the Executor’s opinion, that share may be administered under the Guardian’s Fund or a trust established on similar terms to a family testamentary trust, as the Executor considers appropriate.
-- 5 of 6 --
8 It is my wish that on my death, my body should be buried (or cremated), according to arrangements known to my Executor.
9 If any provision is invalid or unenforceable, the remaining provisions shall remain in full force.
-- 6 of 6 --
Signed at ………………………… on this …………………. day of …...…….…... 20....
NOTE: THE TESTATOR AND BOTH WITNESSES TO SIGN EVERY PAGE OF THE WILL WHERE REQUIRED BY PRACTICE
First Witness
Print name: ………………………………………………………
Second Witness
Print name: ………………………………………………………
We use cookies to improve your experience and enable secure payments. See our Cookie Policy.
South Africa