Can a Video Call be a Valid Will?
Of course we all want our loved ones to be looked after when we are gone, and we all know the importance of leaving behind a valid and properly drawn will to ensure that our last wishes are honoured. But knowledge and action are different things, and our courts must regularly sort out bitter […]
Divorce: Remember to review your will!
“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract from judgment below) Most people when making wills and estate plans will lean […]
Estate planning and Wills: A checklist to protect your family
“Don’t fear death, plan for it” (Anon) Amazingly, here we are in the middle of a deadly pandemic yet still some 70% – 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed When you die your grieving […]
Is an electronic will valid in South Africa?
In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to which deceased estates are reported), it must comply with the legal formalities as set out in section 1(a) of the Wills Act, 7 of 1953 (hereinafter referred to as the Wills Act). The main requirements in terms […]
Do you have a valid Will?
“Better be safe than sorry… regret comes too late” Covid or no Covid, healthy and fit, or not, young or old, if you have responsibilities towards others, your family, your parents, your partners, make sure you have an up to date and valid Will. FREE WILLS WEEK: 26 – 30 OCTOBER 2020: Call 021-424 3937 […]
Signing a Will by making a mark
In a recent matter a Will, signed by the testatrix by means of affixing her fingerprint on the document, was not accepted by the Master of the High Court. The refusal was because the testator’s mark was not properly attested to by a Commissioner of Oaths. The Commissioner failed to follow the prescribed provisions of […]
7 Myths about making a Will
“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – “I’m too young to need a will” […]