Any person 16 years and over is free to get a Will drafted in order to determine how their estate should devolve upon the winding up of their deceased estate. By having a Will drafted you ensure that your assets are disposed of in accordance with your wishes after your death. You furthermore take control of your finances and secure your family by planning for their future.

WHY SHOULD AFRICAN LEGAL SOLUTIONS DRAFT YOUR WILL ?

Being highly qualified professionals in the industry, our attorneys are capable of advising you on any problem which may arise with regard to your Will. We also have the knowledge and expertise to ensure that your will is valid and constant with your wishes.

WHAT HAPPENS TO YOUR ESTATE IF YOU DIE WITHOUT A VALID WILL?

if you die without leaving a valid Will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the Intestate Succession Act 81 of 1987.

In the case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it falls part of the joint estate, will not devolve respectfully. Talk to one of our professionals for more information.

HAS THE CUSTOMARY LAW OF SUCCESSION BEEN ABOLISHED? NO, IT HAS NOT

When planning your estate, a person may still arrange that their estate be distributed in terms of customary law, which is done by making a valid Will.

AMENDING YOUR WILL

Freedom of testation allows the testator to revoke or alter their Will at any time before their death. Amendments include deletion, addition or alteration. This is done through the execution of a Codicile, which forms a schedule to an existing Will.  The same rules that apply for drafting of a valid, apply to the execution of a valid Codicile. Note the witnesses do not have to be the same as the witnesses of the original Will.

SHOULD YOU AMEND YOUR WILL AFTER DIVORCE?

The straight answer is yes, you should. If you don’t, your ex will still be eligible for inheritance. The Wills Act provides for a three month grace period within which newly divorced testators are advised to amend their will or draft a new one. If the divorced testator fails to amend their will or draft a new one, it will be assumed that the testator wishes their ex spouse benefit as per their original Will. Accordingly, if the testator dies within 3 months of date of the divorce, their Will will interpreted as if the surviving party has died before the deceased.