Notes on the drafting of wills and examples provided
1. An executor that is also the main beneficiary of the estate is in a position to take calculated risks and will tend to transfer assets immediately to the beneficiaries in stead of waiting for all the legal formalities. An executor that is a third party or institution will transfer assets only to beneficiaries once there are no risks of competing wills, claims and cash shortages. An executor can transfer all assets, except immovable property, to beneficiaries before the final liquidation and distribution account has been advertised free of objection. Help is available for the layman executor from a number of agents.
2. Kindly note that if you leave your estate to A and B in equal shares and says nothing further; and A dies before you, B will get one-half and the other half will either go the surviving spouse of A or the surviving children of A or the surviving parents of A or the surviving siblings of A or further along the chain of intestacy. On the other hand if you leave your estate to A and B and say nothing further; and A dies before you, B will get everything.
3. I suggest you identify your children and siblings to prevent claims from persons that belief that they are born out of wedlock. Please consider catering for unborn children and children born before you have updated your will.
4. I suggest you state clearly whether your grandchildren share equally or share only the portion which their deceased parents would have got, in other words by representation.
5. The deeds office may register property in the names of more than one owner, but not for farms.
6. The age of majority is 18 years. Natural guardians and tutors look after the affairs of minors, curators after the affairs of majors.
7. The deeds office may register property in the name of a minor. The minor may only sell the property or take out a bond on the property after obtaining the consent of his guardian.
8. Please name a trust as beneficiary only after obtaining advice about cost, suitable trustees, administration, trust deed catering for your circumstances, etc. Consider the use of the Guardian Fund in the case where trustworthy guardians for minors are not available.
9. Practicality suggests that you prepare separate wills for assets located in different countries. Every authority will appoint an executor that may transfer assets to beneficiaries only in that country.
10. Prudence suggests that you and the two witnesses sign every page of the will. Do not leave an excess of blank space between the final clause of the will and your signatures. Obtain witnesses that are not named as beneficiaries (legatees and heirs), executors, guardians, tutors or curators in the will.
11. All persons of 16 years and over are competent to make a will, unless at the time of making the will he or she is mentally incapable of appreciating the consequence of his or her action.
12. All persons of 14 years and over are competent to witness a will, unless at the time of witnessing the will he or she is incompetent to give evidence in a court of law.
1. An executor that is also the main beneficiary of the estate is in a position to take calculated risks and will tend to transfer assets immediately to the beneficiaries in stead of waiting for all the legal formalities. An executor that is a third party or institution will transfer assets only to beneficiaries once there are no risks of competing wills, claims and cash shortages. An executor can transfer all assets, except immovable property, to beneficiaries before the final liquidation and distribution account has been advertised free of objection. Help is available for the layman executor from a number of agents.
2. Kindly note that if you leave your estate to A and B in equal shares and says nothing further; and A dies before you, B will get one-half and the other half will either go the surviving spouse of A or the surviving children of A or the surviving parents of A or the surviving siblings of A or further along the chain of intestacy. On the other hand if you leave your estate to A and B and say nothing further; and A dies before you, B will get everything.
3. I suggest you identify your children and siblings to prevent claims from persons that belief that they are born out of wedlock. Please consider catering for unborn children and children born before you have updated your will.
4. I suggest you state clearly whether your grandchildren share equally or share only the portion which their deceased parents would have got, in other words by representation.
5. The deeds office may register property in the names of more than one owner, but not for farms.
6. The age of majority is 18 years. Natural guardians and tutors look after the affairs of minors, curators after the affairs of majors.
7. The deeds office may register property in the name of a minor. The minor may only sell the property or take out a bond on the property after obtaining the consent of his guardian.
8. Please name a trust as beneficiary only after obtaining advice about cost, suitable trustees, administration, trust deed catering for your circumstances, etc. Consider the use of the Guardian Fund in the case where trustworthy guardians for minors are not available.
9. Practicality suggests that you prepare separate wills for assets located in different countries. Every authority will appoint an executor that may transfer assets to beneficiaries only in that country.
10. Prudence suggests that you and the two witnesses sign every page of the will. Do not leave an excess of blank space between the final clause of the will and your signatures. Obtain witnesses that are not named as beneficiaries (legatees and heirs), executors, guardians, tutors or curators in the will.
11. All persons of 16 years and over are competent to make a will, unless at the time of making the will he or she is mentally incapable of appreciating the consequence of his or her action.
12. All persons of 14 years and over are competent to witness a will, unless at the time of witnessing the will he or she is incompetent to give evidence in a court of law.
Examples of wills
| willmarriedv002.txt |
| willunmarriedv002.txt |
| willunmarriedchildrenv002.txt |
Voorbeelde van testamente (Examples of wills in Afrikaans)
| testamentgetroudv002.txt |
| testamentongetroudv002.txt |
| testamentongetroudkindersv002.txt |