“I want to make a will, leaving small sums of money to my friend and to Child Welfare, and the rest of my estate to my wife. Should I consult an attorney? What should I say in my will?”

WHAT DOES THE LAW SAY?

Remember the will must be in writing and it must be signed on each page by you the testator (the person making the will), and by two witnesses who are not named in the will, all present at the same time. (See Dying with a will)

WHAT CAN YOU DO?

Making a will is very important. Unclear language in a will can cause problems. And if the legal requirements are not met, the Master of the High Court can ignore your will.

So it is best to consult an attorney or a bank if you want to make a will, or you can buy a will form from a stationery shop. A good attorney can draft a will that includes ways of saving tax when dividing up your estate. A bank may draw up your will without charging, if you are a client of the bank.

Your will can be simple, like the example below, or it can have detailed instructions. For example, it can say what must happen to everything you own and what must happen at the funeral. It can name someone to be guardian of your young children.

If you want to leave something special to someone, for example, a sum of money to a charity, or a book or watch to a friend, you can write this in your will. This is called a legacy. The rest of your estate, after legacies and debts are all paid out, goes to your heir or heirs.

You can write your will in handwriting, as long as it is clear and neat. You can change it at any time. You and your witnesses must sign any changes you make. If there are big changes, it is best to make a new will. (See Example of a simple will )

EXAMPLE OF A SIMPLE WILL

LAST WILL AND TESTAMENT OF ROWAN DANIELS

of 42 Blouboom Drive, Blikkiesfontein, Gqeberha

1. I hereby cancel all previous wills made by me.
2. I appoint as Executor of my estate, my brother PETER DANIELS, of 12 Marais Street, Aurora, Gqeberha.
3. I bequeath the following legacies: to my friend, JOSEPH WITBOOI, R2 000 (two thousand Rand) and my books on motor mechanics. to Animal Welfare (W.o. 2345) the sum of R2 000 (two thousand Rand)
4. The rest of my estate I leave to my wife, SORAYA DANIELS (nee FREDERICKS), to whom I am married out of community of property by ante-nuptial contract. If she does not survive me, I leave the rest of my estate to our daughter, ELSIE DANIELS.
5. Should my wife die before me, or at the same time, and should our daughter at that time still be a minor, I appoint my brother, the said PETER DANIELS, to be her guardian.

SIGNED by Rowan Daniels, the testator of this will, in the presence of the undersigned witnesses who signed in presence of the testator and each other, all being present at the same time at Gqeberha this 5th day of August 20…..

………………………………… ROWAN DANIELS Testator

As witnesses:

1. ………………………………………………………………….

2. ……………………………………………………………………….