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A Will & Testament, also termed as a "last will and testament", serves as a legal document expressing how a person wishes their assets distributed upon death. In Sandton, South Africa, Wills are governed by the Wills Act of 1953. A person aged 16 or older can make a will, provided they have the mental capacity to understand its implications. A will must be in written form and should be signed in the presence of two or more witnesses.
The process of creating a Will & Testament can be complex, especially when dealing with considerable property, investments, or large estates. Lawyers can provide guidance on structuring your will, ensuring it is legally valid and express your intentions clearly. Similarly, in cases of contesting a will, a legal professional can help you understand your rights and navigate intricacies of the system. They can also assist with estate planning and offer advice on legal ways to minimize estate duties.
Under South African law, especially the Wills Act of 1953, for a Will to be legally valid, it must be in writing, signed by the testator, and witnessed by two competent individuals who won’t benefit from the will. Any changes to the will should also adhere to the same conditions. It is also worth noting that joint wills are considered separate wills under our law and that South African law typically applies to properties located within the country, irrespective of the testator's nationality.
Yes, you can amend your Will & Testament at any time as long as you are of sound mind. Amendments should be done through a codicil or by drafting a new will.
If a person dies without a valid Will (intestate), their property will be distributed according to the Intestate Succession Act, which might not align with their wishes.
In South Africa, any person above the age of 14 and competent to give evidence in court can act as a witness to your will.
An executor is the person appointed in the will to administer the deceased's estate and distribute assets. Any individual who is legally competent can act as an executor including a legal entity or trust company.
If the value of your estate isn’t enough to cover your debts, your estate is declared insolvent and the law around insolvent estates would then apply.
For those requiring further information, the South African Department of Justice and Constitutional Development provides thorough legal guidelines about Will & Testament creation and execution. It is also recommended to consult with a local attorney experienced in wills and estate planning.
If you require legal advice or assistance related to your Will & Testament, seek out a legally recognized wills and estates attorney in Sandton. Discuss your goals and concerns with them, and they can guide you through the process, ensuring that your will is legally sound and accurately represents your intentions.
