Please note that this is not intended to be a comprehensive guide on wills. A will is a specialized document, which should preferably be drawn up by an expert like an attorney or trust company. This information merely aims to inform people about some basic aspects of wills.
Anyone who is 16 years old and older, unless at the time of making the will they are mentally incapable of appreciating the consequence of their actions.
Anyone who is 14 years old and older, and who at the time that they witness the will, are competent to give evidence in court.
A beneficiary to a will should not sign as a witness, because they will then be disqualified from receiving any benefit from that will. There are some exceptions to this rule. Consult your legal representative for more information in this regard.
You may ask someone to sign the will on your behalf or you can sign the will by the making of a mark (for example, a thumbprint or a cross). If you make a mark, or get someone to sign on your behalf, you must follow these requirements:
A codicil is a schedule or annexure to an existing will, which is made to add to or to change an existing will. A codicil must comply with the same requirements as a valid will (listed above).
A codicil does not need to be signed by the same witnesses who signed the original will.
Amendments to a will can only be made while executing a will or after the date of execution of the will. Amendments to a will must comply with the same requirements for a valid will (listed above).
When amending a will, it is not necessary for the same witnesses who signed the original to sign the updated will.
A bequest to your ex in your will, which was made before your divorce, will not necessarily fall away after the divorce.
The Wills Act says that, unless you specifically provide otherwise, a bequest to your divorced spouse will be cancelled if you die within three months of the divorce.
This gives a divorced person three months after the divorce in which to amend their will.
Should you not change your will within three months after your divorce, your divorced spouse will benefit as indicated in the will.
If you die without leaving a will or a valid will, your estate will be split up according to the Intestate Succession Act, no. 81 of 1987.
The estates of people who die intestate and whose estates are governed by the principles of customary law, must be reported to the Magistrate for the area in which the person was resident at the time of their death. The local magistrate should be consulted on how an estate that is subject to customary law will be dealt with.