How to draft a will

What is needed to draft your will?

• Name and identity number of the executor of your estate.
• Name and identity number of your spouse.
• Details of how you are married (in community of property; out of community of property with the accrual system; or out of community of property without the accrual system).
• Copy of your marriage certificate.
• If divorced, a copy of your decree of divorce/settlement.
• Full names and identity numbers of all children and other beneficiaries.
• In the case of minor children (under 18), the names and identity numbers of their guardians.
• Details of all assets, liabilities and insurance policies.

How can you make a valid will?

• It must be in writing (handwritten, typed or printed).
• It must be signed by the testator (the owner of the will) at the end.
• It must be signed in the presence of two or more witnesses.
• If the will has more than one page, each page must be signed by the testator.
• Note: witnesses do not need to sign every page, but the testator does.

What is a codicil?

A codicil is an additional document used to change (amend or supplement) your will. It must comply with the same formalities as a will. The witnesses to the codicil do not need to be the same as those who witnessed the original will.

Who can be a witness?

Anyone aged 14 or older who is competent to testify in a court of law.

Must a will be amended after divorce?

If you have an existing will, it is important to amend it within three months of your divorce, unless you specifically want your divorced spouse to inherit. If you fail to do so, your divorced spouse may inherit in terms of the existing will.

What happens if you do not leave a will?

If you die without leaving a will, or with an invalid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). In that case, someone whom you wished to exclude may inherit in terms of the intestate laws.

Tips when compiling a will:

• Gather all the necessary information and documentation.
• Make a list of all your assets and liabilities (debts).
• Decide how you want to divide your assets after debts have been settled.
• Seek professional assistance to draft your will.
• Sign your will in the presence of two or more competent witnesses.
• Store your will in a safe and dry place.

This information was supplied by Legal Aid South Africa.