Making a Will
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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