Resources for Wills and Probate

Most people are not familiar with the process of writing a Will or probating an estate. These are not everyday tasks. But estate administration and the duties of an Executor are really not that complicated. Neither is planning your "estate" and writing your Will. We have many resources available at LegalWills.co.za which explain the process of writing your Will, your "Living Will" and even how to prepare a Power of Attorney. We also provide tips on preparing a handbook for your Executor through our MyLifeLocker™ service.

Nevertheless, there are some topics that we do not provide full guidance on. We are, however, happy to provide reference material for those of you who wish to explore in a little more depth.

Probate: A straightforward guide to obtaining a grant of probate and administering an estate
by Regina Meizoso

If you use our service to prepare a Will, we recommend that you appoint a friend or family member to be your Executor. If you appoint a lawyer or a professional Executor, they will take anything up to 5 percent of your estate in fees. This is an egregious amount of money for what is often a very straightforward task. Also our Wills give your Executor the power to employ professionals to help, and to pay for this help out of the estate. But at an hourly rate rather than a percentage of the estate.

If you have appointed a friend or family member, then you may want to provide them with a resource like this one, that guides them through the process of probating a Will.


The Absolute Essence of Inheritance Tax Planning
by Steve Parnham

At LegalWills.co.za, we provide you with the tools to write your own Will. We do not offer legal advice, nor do we offer tax advice. Everybody needs a Will, and typically that Will would describe the distribution plan for "your estate". But there are things you can do to reduce the tax burden on your family and beneficiaries. You still need a Will, but there may be value in educating yourself on proper inheritance tax planning. This book should help.


What to Do When Someone Dies: From Funeral Planning to Probate and Finance
by Anne Wadey

There is a lot of work to do when somebody dies, and this comes at a time when friends and family are grieving and dealing with emotional trauma. It helps to have a step-by-step guide to the tasks – this includes registering the death, funeral planning, financial affairs, and estate administration. This book is a wonderful resource for anybody dealing with the loss of a friend or family member.


It's Ok That You're Not Ok: Meeting Grief and Loss in a Culture That Doesn't Understand
by Megan Devine

If you have recently lost a loved one, things are hard. We Brits often feel a duty to continue on, with a stiff upper lip, and often keep our feelings to ourselves. At LegalWills.co.za, we regularly deal with people who have recently lost an important family member, and it is not easy. If you need help coming to terms with your feelings, this book may help.


Loss of a Parent: Adult Grief When Parents Die
by Theresa Jackson

This is another Amazon bestseller that deals with grief; specifically, when you have lost a parent.


Sudden Money: Managing a Financial Windfall
by Susan Bradley

When you receive an inheritance, it can be a significant windfall. It is very common for people to mentally run through all of the things they will be buying with this new-found wealth. But it's worth taking a deep breath, and educating yourself a little on how the inheritance can be used to make a lasting impact on your life. We recommend this book, as it has some very valuable tips on how to avoid frittering away your inheritance.


With the End in Mind: Dying, Death and Wisdom in an Age of Denial
by Kathryn Mannix

This is not just a book to read when you think the end of your life is imminent. It is a great book for reflecting on your values, and the way that you are living your life today. What will your legacy be? What will people think of you? And how was your contribution? We thoroughly recommend this book.


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How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.
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Frequently Asked Questions

There is absolutely no legal requirement to use the services of a lawyer to prepare your Will.

The law requires that the Will is written on a piece of paper and then signed by you in the presence of two witnesses. Once it is signed and witnessed, it becomes a legal Last Will and Testament.

If you need legal advice, you should secure the services of a lawyer, but most people do not need legal advice to prepare a Will. Especially if they are using a service like the one at LegalWills.co.za.
When you write your Will with a lawyer, you are paying for their training, so that if you needed custom clauses written for unique situations, they would probably be able to do this for you. However, most Wills do not require unique new clauses to be written, and the vast majority of Wills are a compilation of known legal "precedents".

Most lawyers use Will writing software to prepare Wills, and we use that exact same software, but give you direct access to it. You should really be asking why a lawyer charges R2,000 for about an hour's work.

If you have unusual circumstances, such as a child with special needs, then you may need legal advice. But for the vast majority, you would be paying premium rates for legal advice that you don't need.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for R499 with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for R999. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this.

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is R99, but again, most people do not need this option.

We also offer other services like MyLifeLocker™ and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs R499. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF or Word file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. R119 will give you one additional year of updates, or you can purchase multiple years: 5 years at R299, 10 years at R399, 25 years at R799 (R32 per year).

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 24 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay R119 to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Our answer is different depending on what you are comparing us to.

The service at LegalWills.co.za is significantly better than a blank form Will kit that you can buy on Amazon or WHSmiths. These blank kits do not check for errors, allow you to do things you are legally not allowed to do, and rarely cover backup scenarios. They are actually the most difficult way to prepare a well drafted Will.

We provide the same quality documents as an estate planning lawyer – often word-for-word identical, because we use the same software that they use. We've just adapted it to make it easier to understand, and given you direct access to it. Therefore, you can create a lawyer grade Will, but from the comfort of your own home at less than a tenth of the price.

When compared to other online services, we have honest, up-front pricing that is better than any equivalent service. We also believe that we have the highest quality service online today. In all the time that we have been in business, never once has one of our Wills had an issue going through the probate process. We also offer best-in-class phone and email support if you get stuck.

Some other highlights:

  • Help text every step of the way.   Every page of our service has additional help text to answer your questions. If you get stuck, send us an email and we can help.

  • Create your Will from anywhere at any time.   Our service works on any computer, phone or tablet. Which means you can create or update your Will in the middle of the night in Timbuktu if you need to.

  • Unlimited updates.   If you write your Will with a lawyer, it could be out of date by the time you get home. You don't face that issue with LegalWills.co.za. If your circumstances change, simply login to your account, update your document, and sign your new Will. There is no charge for updates as long as you maintain a membership.

  • Professional reviews by a lawyer.   Our service works for the vast majority of situations, but on occasion people have unusual circumstances and need the reassurance of a legal professional's eye. We offer this as an option.

  • Our other services.   We don't just do Will writing. We offer a complete portfolio of services that will help you to plan your estate. We have the LifeLocker® executor tool, that allows you to document all of your personal details and assets, and MyVault™ that lets you upload important files. Together with our Keyholder® mechanism, you can be assured that the right information gets into the right hands at the right time (and not before).

  • Privacy and security.   We do not store any information as plain text. We do not store Wills in our database. All of your information is encrypted on our servers. Nobody can access it except you and your designated Keyholders® at the appropriate time. Furthermore, we do not share, trade or sell any of your data with third parties whatsoever.

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