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Will & Testament law in Durban, South Africa is guided by the Wills Act 7 of 1953 and the Intestate Succession Act 81 of 1987. These laws establish the parameters within which a testator (a person making a will) can create a bequest to ensure the proper distribution of their estates after their death. It's important to comply with certain formalities to avoid the will being declared invalid.
Creating a legally sound will involves far more than merely jotting down your wishes. The process requires a deep understanding of local and national laws about property, taxes, and trusts. A lawyer can guide you through this potential minefield and help ensure your will is legal and as per your wishes. A lawyer can also assist in cases of contesting wills, or instances of intestacy, where a person dies without leaving a will.
The Wills Act stipulates that the testator must be over the age of 16 and the will should be in writing, whether typed or handwritten. The testator must sign every page of the will, in the presence of two or more competent witnesses, who also have to sign each page. Additionally, South African law places some restrictions on who you can name as beneficiaries and executors.
If a person dies without a will, they die intestate, and their assets will be distributed according to the Intestate Succession Act.
Yes, you can change your will at any time, but it needs to be done in compliance with the laws governing wills to be legally valid.
An executor is a person or institution appointed to carry out the terms of your will. Choosing an executor requires considerable thought as they need to be trustworthy and capable of carrying out the tasks involved.
Yes, a handwritten will is valid if it complies with the formalities prescribed in the Wills Act.
South African law allows a person producing a will to disinherit a child, but legal advice should be sought to avoid any possible litigation.
Master of the High Court offices are helpful resources. They administer deceased estates and distribute assets accordingly. Additionally, the Law Society of South Africa offers a wealth of information on all matters relating to wills and estates.
If you need legal assistance with a will and testament, start by seeking the expertise of a qualified lawyer in Durban, South Africa. They should specialize in estate planning and must have a solid understanding of the national and local legislation relating to wills and estates. Make sure to thoroughly discuss your needs and expectations and don't hesitate to ask questions until you're satisfied with the answers.
