Last will and testament

Family & estates

A will sets out what must happen to your estate when you die. It must be in writing, by hand, typed or printed. List the assets you want to leave, name your heirs and choose an executor. Then plan the signing with witnesses present together.

Prepare your document

No account needed. Your answers are used for this request. Save to your account only when you choose to.

Have this will checked by a qualified professional before signing. Follow the verified signing guidance below.

Your full name and identifying details Use your own facts and agreed wording.

Proposed executor and contact details Use your own facts and agreed wording.

Gifts: beneficiaries, assets and any conditions Use your own facts and agreed wording.

Who receives the rest of your estate and any alternatives Use your own facts and agreed wording.

Other wishes for review Use your own facts and agreed wording.

Official downloads

Get the current form from the official source:

Wills Act 7 of 1953 www.gov.za

Wills Act www.gov.za

Law of Succession Amendment Act 43 of 1992 www.gov.za

http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=jut www.justice.gov.za

Master l Wills www.justice.gov.za

After a death: Master of the High Court forms

Copies of the official deceased-estate forms from the Master of the High Court, unchanged from justice.gov.za.

How to use it

Match assets to heirs Write down each asset you want to bequeath, with the name and details of the heir you intend to receive it. Check this list against your assets, liabilities and insurance policies as you prepare your will.

Document checklist

Written will Have you put your wishes in a written document using a format you can prepare?
Assets and heirs Have you listed the assets you want to leave and the intended heirs?
Estate details Have you gathered details of your assets, liabilities and insurance policies?
Family records If relevant, have you checked your spouse and marriage details, marriage certificate or divorce papers?
Children and beneficiaries Have you listed your children and other beneficiaries, and guardians for minor children?
Executor Have you decided whom to nominate to administer your estate?

Sign and witness the will correctly

Sign at the end of the will yourself, or have someone sign in your presence and at your direction. Arrange for two or more competent witnesses present at the same time. The signature may be made before them or acknowledged before them by you and, if someone signed for you, by that person too. The witnesses must attest and sign in the presence of you and each other; if someone signed for you, they must also be present for those signatures. A competent witness is a person of the age of fourteen years or over who can give evidence in court. If your will has additional pages, sign every page before the final page too. A person who signs as a witness, signs at your direction or writes any part of the will by hand is disqualified from receiving a benefit. The same applies to that person’s spouse at the time the will is signed. Naming someone as executor, trustee or guardian counts as a benefit. An intestate succession exception may allow a person or spouse to receive a benefit up to the share they would otherwise inherit. A court may also declare that person or spouse competent to receive a benefit if it is satisfied there was no fraud or undue influence. If you sign with a mark or someone signs for you, a commissioner of oaths must certify that they checked your identity and that the will is yours. Arrange for the commissioner to be present when you or your proxy signs, when witnesses sign and when earlier pages are signed. The commissioner must sign every page except the page with the certificate.

Questions & answers

What does a person’s estate include?

It consists of the person’s assets and liabilities at the date of death.

What does an executor do?

An executor is nominated in a will to administer the estate after the person dies.

How can I amend an existing will?

A codicil is an attachment to an existing will that supplements or amends it. It must meet the same requirements as a valid will.

Can divorce affect a will made earlier?

Check your earlier will after divorce. The rule is: If any person dies within three months after his marriage was dissolved by a divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage.