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Will & Testament law in Johannesburg, South Africa, like the rest of the country, is governed by the Wills Act of 1953. This law states that any person aged 16 or over has the right to create a will. A will is a legal document that clearly states how an individual's assets, often called an estate, will be distributed after their death. It's important to note that if a person dies without a will, the Intestate Succession Act 81 of 1987 determines how the assets are distributed, which may not align with the deceased's wishes.
Although the law allows for individuals to draft their own will, legal complexities can arise due to tax implications, guardianship issues, and concerns about the correct distribution of assets. Lawyers help ensure that wills meet all legal requirements, thereby preventing potential challenges or disputes after the individual's death. Situations where you might need a lawyer include large estates, business ownership, out-of-country assets, or complex familial relationships.
The key aspect of the Wills Act is that it requires the will to be in writing, preferably typed, signed by the testator, and witnessed by two individuals over the age of 14, who are not beneficiaries of the will. Additionally, the South African law only recognises married persons and blood relatives for intestate succession, disregarding life partners or friends. Lastly, the law permits 'Freedom of Testation', meaning the testator can distribute his/her estate to anyone.
1) Can I write my own will?Yes, you can, but it may be best to consult a lawyer, especially if your estate is large or if there are potential disputes among heirs.
2) What happens if I die without a will?If you die without a will, your estate will be distributed according to the Intestate Succession Act 81 of 1987.
3) Who can witness my will?Any person above the age of 14 who is not a beneficiary in your will can witness it.
4) How often should I update my will?It's wise to relook at your will after major life events, such as marriage, divorce, birth of a child or acquisition of significant assets.
5) Can my will be contested?Yes, wills can be contested if the contestants believe there are valid legal grounds for it, such as undue influence, fraud, or if the will was improperly executed.
Those seeking additional guidance can turn to the Law Society of South Africa and the Fiduciary Institute of South Africa, both of which have useful informational resources. Furthermore, the Master of the High Court Office provides guidance on the administration of estates.
If you need legal assistance, you should approach a lawyer who specializes in Will & Testament law. This lawyer can help steer you in the right direction, ensuring that all legal requirements are met, and your wishes are upheld. The first step is to compile a list of your assets, your proposed beneficiaries, and their contact details before your meeting. Remember, your will is an important document, keeping it updated and relevant is essential.
