Simple Single Will

 

Here is a simple single Will and a simple mutual Will (by husband and wife together). You may use it (at own risk), but we recommend that you rather obtain professional advice.

 

 

[Click here for Precedent of Simple Single Will]

 

[Click here for Precedent of Simple Mutual Will]

 

[Click here for Assistance with the winding up of a Deceased Estate]

 

 

Please bear in mind that the person who signs the Will (the Testator) must sign in the presence of two witnesses (older than 14 years) and the witness should not be a nominated beneficiary or executor in terms of the Will.

 

We recommend that your Will be drafted in the context of the broader scope of your overall financial planning. It should not be done haphazardly. Proper planning to ensure that there is sufficient liquidity is vital, as “wills don’t pay bills”. Proper planning may also result in minimising estate duty.

 

There are many other options that may be utilised in a Will, e.g.

 

  • The creation of a testamentary trust (an ordinary trust / a “bewind” trust)
  • The creation of a usufruct
  • A prelegacy
  • A conditional legacy
  • A fideicommissum
  • Massing between spouses
  • Provision for collation
  • Nomination of guardian for minor children
  • Special clause to ensure inheritance does not fall into the joint estate of married heir and spouse
  • Special clause to ensure inheritance does not fall into insolvent estate
  • Special clause to empower executor to manage a business
  • Bequest to a charity
  • Substitutionary clause/s
  • Donation of organs for research or transplanting
  • Funeral arrangements
  • Provision for assets outside the Republic of South Africa
  • Provision  for less expensive dispute resolution mechanism between heirs, instead of litigation
  • Provision for “Living Will”, i.e. that you do not wish to be kept alive through artificial means.

 

Once again, we urge you to consult an attorney who can advise you on all these options and assist you in the planning and drafting of your Will.

 

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