Wills and Estates – Use your time wisely

Our Services

We specialize in the Drafting of Wills and Deceased Estate Administration.

We know that you have worked hard to accumulate your wealth and assets. You owe it to yourself and your loved ones to plan ahead for the distribution of your wealth and assets when you pass away. When you get your own Will, you are taking control of your estate and taking care of those you leave behind.

If you decide not to get your own will, this means that beneficiaries you may never have wished to inherit might benefit, while those that you genuinely care for and would want to benefit might be left with no legal entitlement to your estate or assets.

We attend to the winding-up of deceased estates in accordance with the deceased’s Will. If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987

Use your time wisely - Time is more valuable than money. You can get more money, but you cannot get more time.

Ensure that your original signed will is kept safe by a trustworthy person or institution, as a copy of a will is not deemed a valid will. You can also have more than one signed copy of the original will and request different trustworthy persons to keep a copy, in order to ensure that there will be an originally signed copy available after your death. Inform your family and heirs where/who is keeping a copy (or copies) of your will, so that they do not struggle to obtain it after your death.

Report an Estate to the Master's Office

Upon the death of a person, the estate must be reported to the Master’s Office within 14 days

Completed Death Notice

Original or certified copy of the Death Certificate

Original or certified copy of Marriage Certificate

A Declaration of Marriage by the Surviving Spouse

All original wills and codicils

Completed Next-of-Kin Affidavit

Completed Inventory form, showing all the assets of the deceased

Nominations by the heirs for the appointment of an executor in the case of an intestate estate

Acceptance of Trust as Executor forms in duplicate

Undertaking and bond of security

Impact of estate planning

Estate planning refers to the process of making arrangements for the distribution of your assets after you pass away, which you should decide on sooner rather than later.

One of the main benefits of estate planning is that it can help to reduce the financial burden that results from sudden death. When someone passes away, their assets are frozen and their loved ones are left to deal with their debt, medical, funeral expenses etc.

It is important to ensure that your assets are passed on to your designated beneficiaries. When someone passes away without a will, their assets are distributed according to the Intestate Succession Act of 1987. This means the government will decide who will receive your assets.

By taking the time to plan your estate and draft your will, you will be able to protect your assets and keep your loved ones secure.

Who is competent to make a will?

The person who draws up a will is called the testator / testatrix.

All persons 16 years and older are competent to make a will in order to determine how their estate should devolve upon their death, unless they were mentally incapable of appreciating the nature and effect of his / her act at the time of making the will.

The burden of proof that he / she was mentally incapable at that time, shall rest on the person alleging the same.

Living Will

A living will is a document which you sign stating that if the time comes when you cannot speak for yourself, and if you are being kept alive artificially, your wish is not to be kept alive artificially and your preference is to be allowed to die.

Living wills often go on to state that if you are in pain, you would like to be relieved of that pain, even if the medication given to relieve the pain, hastens your hour of death.

Testator must sign his will in the presence of two witnesses

In a South Gauteng High Court case, Karani v Karani NO and Others, the will of the deceased did not comply with the specific legal formality that "a will must be signed by the person making the will in the presence of two or more competent witnesses."

These witnesses must also sign the will in the presence of the person making the will, and of each other. In this case two witnesses did sign the contested will. However, the first witness did not sign the will in the presence of the deceased or the second witness. In the end, the court found the will to be a forgery and declared it invalid. Furthermore, the court made the remark that witnesses to a will should also sign each page, despite the fact that Wills Act only requires that the testator / testatrix of a will sign each page of a multi-page will. The reason for this is to mitigate any potential dispute between heirs and family members in the future.

What are the requirements for a valid will if one cannot sign?

If the testator/testatrix cannot sign his/her name, he/she may ask someone to sign the will on his/her behalf or he/she can sign the will by making a mark (a thumbprint or a cross). When the will is signed by someone on behalf of the testator or testatrix or by making a mark, a Commissioner of Oaths must certify that he/she has satisfied him/herself as to the identity of the testator or testatrix and that the will so signed is the will of the testator or testatrix.

The Commissioner of Oaths must sign his/her certificate and he/she must also sign every other page of the will, anywhere on the page. The Commissioner of Oaths must also be present when the will is signed and must append his/her certificate as soon as possible after the will is signed even if the testator or testatrix dies soon after signing the will.

Identify Your Beneficiaries

It may happen that several members of a family share a common family name. This confusion can be avoided by including the ID number of the beneficiary. (You can also include their physical address). You may also nominate successive heirs to deal with the eventuality that one or more of your heirs predeceases you. If you don't mention what will happen in such circumstances, your executor must refer to the Act on who will inherit their portion. This may not be in line with your wishes.

Forfeiture of unclaimed money to the State

Any money in the guardian's fund (whether such money has been paid into the said fund before or after the commencement of this Act) which has remained unclaimed by the person entitled thereto for a period of thirty years as from the date upon which such person became entitled to claim the said money, shall be forfeited to the State.

Cash Bequests in a Will

When making a cash bequest in your will, make sure that there will be sufficient liquidity in your estate to honour such bequest. The executor will need to pay all creditors and settle your estate costs first, following this will be all cash bequests made in your will to legatees. Thereafter your heirs will receive the residue of your estate. If your estate lacks liquidity, your executor may need to sell assets intended for your heirs in order to comply with your cash bequest.

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Death related expenses

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REGULAR REVIEW YOUR WILL

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INTESTATE SUCCESSION

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EXECUTOR VAT

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WHAT HAPPEN TO MY BITCOIN WHEN I DIE ?

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GUARDIAN FOR MINORS

If you have minor children, it is important that you nominate a guardian for them in terms of your will, keeping in mind that the guardian will be responsible for caring for your child should you pass away.

If you and the child’s other parent are still alive, your child has two natural guardians, and your legal guardian would only assume responsibility if you and your spouse (or the other parent) were to die simultaneously.

SECTION 18(3), LEONITA SERVICES, MASTER OFFICE, WILLS AND ESTATES

Billy Graham: "The greatest legacy one can pass on to one's children and grandchildren is not money or other material things accumulated in one's life, but rather a legacy of character and faith."