There are three ways to write a Will in South Africa. When writing a will, it is crucial to specify all your assets and final wishes to ensure that your intentions are clearly communicated to beneficiaries and executors. This helps the executor understand your wishes and manage the estate effectively.
- Write Your Own Will: Using a blank page or a DIY kit.
- Get Professional Help: Engage a lawyer.
- Use Will Writing Software: Services like LegalWills.co.za.
South African Legal Document Will Laws
The Wills Act 7 of 1953 governs Wills in South Africa. It states:
– A Will must be in writing. Audio, video or spoken promises are not valid.
– The document must end with the signature of the “testator” (the person making the Will), witnessed by at least two people.
– A “holographic Will” which is handwritten is valid as long as it meets these requirements including witness signatures.
There are additional provisions regarding the age of the testator and rules for military personnel. These are key to a Will being valid in South Africa.
Write Your Own Will in South Africa
Writing your own Will might be an option if you have simple financial affairs or expect changes in your situation soon. Professional help can be expensive, often between R1,500 and R3,000 for a basic Will.
It is important to include financial assets and retirement accounts in your will. Properly managing these assets ensures that they are distributed according to your wishes and can bypass the legal process by directly transferring to named beneficiaries.
People often turn to templates or DIY kits which are available online. But be careful as these templates are not always tailored to South African law and may not be up to date including the COVID pandemic changes.
A fully handwritten Will, known as a holographic Will, still needs witness signatures to be valid in South Africa. It seems like a simple solution but holographic Wills are often challenged in court, just like the case of the late singer Aretha Franklin whose handwritten Wills resulted in costly legal battles.
Write Your Will with a Lawyer in South Africa
In South Africa only qualified people, like attorneys, can draft Wills. You should use an estate attorney or a family law specialist for personalized advice. Prices range from R1,000 to R5,000 depending on the complexity of the estate.
Lawyers often propose to act as the Executor of your Will. This can be helpful if no family member or friend is available. But consider that executor fees are a percentage of the estate’s value and can be costly especially for big estates.
When you see a lawyer you will fill in an “intake form” with family details, key appointments like guardianships and estate distribution. More complex estates may require multiple consultations which will increase the cost. Many lawyers use specialized software to generate Wills which includes standard clauses based on your specific situation. It is important to consider legal entities like trusts and naming guardians for minor children when consulting a lawyer.
You will need to make several visits to sign and finalize the document. If you are preparing Mirror Wills for a couple, joint consultations are recommended. Remember each time you update your Will you will need to go through the process again and often at the same cost.
Using an Online Will Maker to Create Your Will
Online Will writing services have become popular as an affordable and convenient option, with many people turning to an online will maker for its ease of use. From R500 to R2,000 these platforms will give you a professional Will in about 20 minutes without leaving your home.
These platforms don’t create a digital Will as South African law requires a physical signed document. After answering questions online and processing your answers you download, print and sign the Will in the presence of two witnesses to make it legal.
The end product is a hard copy signed by you and your witnesses. In South Africa witnesses should be credible adults who are not beneficiaries of your Will.
This option combines the affordability of DIY kits with the legal protection of a professional and allows for quick updates as and when needed without incurring big additional costs.
Finalize Your South African Will for Minor Children
Once signed and witnessed your Will is a binding legal document. Witnesses don’t need to hold any official status; they can be friends, neighbours or coworkers. The only restriction is that they can’t be beneficiaries in your Will.
There is no need to notarize your Will in South Africa or register it with any official body. But proper storage is important. Keep your Will in a safe place known to your Executor, the person who will manage your estate after you pass on.
When you pass away the Executor will need to file the Will with the Master of the High Court to start probate. At this stage the Will becomes public and the instructions are disclosed. The probate process involves the probate court overseeing the distribution of assets as specified in the Will, ensuring the Executor administers the estate according to the deceased’s wishes.
Write Your South African Last Will Today
Each way of creating a Will in South Africa has its place. Writing from a blank page is only recommended in emergency situations as it can be legally problematic. Consulting a lawyer is suitable for complex estates that require specific legal advice.
When creating a will, it is important to manage life insurance policies by directly naming beneficiaries, as these policies bypass the probate process. For most adults online Will writing services are the best option. This is straightforward and takes about 20 minutes and LegalWills.co.za starts from R499. You can start today, pace yourself through the process and make changes as you go.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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