marriage , death of a family member , divorce or having a child takes place , can result in your intentions not being fulfilled . For example , if you have a child , but your Will states that your entire estate must go to your friend , your child will be excluded . 8 . Nominate a guardian ( s ) for minor children in a Will . Without such a nomination , it could lead to unnecessary stress and conflict for relatives and / or friends who will then need to apply for guardianship .
An important point to keep in mind , is that the original document should be easily accessible after your death . A copy will not suffice , as this will lead to a costly application to the High Court to declare it valid . In the absence of a court application , or should the application to court be unsuccessful , the estate will be distributed in accordance with the law of intestate succession . Alternatively , the previous original Will is accepted as the deceased ’ s last Will , even though circumstances since then may have changed .
Signing of a Will
The correct signing of a Will is as important as drafting the document .
The Wills Act , Act 7 of 1953 , clearly states that the testator must sign the Will ( a hard copy ) in the presence of two witnesses . The witnesses , who must be 14 years or older and be able to testify in a court , must sign the Will in the presence of the testator and of each other .
Remember : people nominated as an executor , trustee or guardian in your Will , are not allowed to sign as witnesses .
In the modern day and age of signing documents electronically , it is also important to remember that a Will is the one document that cannot be signed in this manner as a Will is expressly excluded from the provisions of the Electronic Communications and Transactions Act , Act 25 of 2002 .
So , look after your loved ones and give them an easy way to fulfill your wishes in the event of death .
Keep an updated Will , and if in doubt , contact your financial adviser or a fiduciary specialist to assist you with the process . Alternatively send an email to
fiduciary @ pps . co . za and PPS will get one of our Fiduciary Specialists to contact you .
The content of this article should not be regarded as financial advice . Please always first consult a financial adviser or attorney before making any changes to your Will .
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