Deceased Estates Process Course: Last Will & Testament

Having a will is important for many reasons, however giving directions to an Executor, is one of the most important and valuable reasons. A will ensures that your assets and personal possessions are divided up among those individuals you wish to inherit them. Without a legally valid document setting this out, your estate will not necessarily be bequeathed according to your wishes.

Topics Discussed:

• Drafting of a valid Last Will and Testament
• Signing of a valid Last Will and Testament
• Competency to make a Last Will and Testament
• Effect of divorce or annulment of marriage on will – 3 months grace period
• Encourage your client to review their Last Will and Testament at least once a year
• Encourage your client to make a list of their assets at least once a year
• Cremation / organ donation
• Who can sign as witnesses to a Last Will and Testament
• Statutory requirements / formalities of valid Last Will and Testament – section 2 of the Wills Act no 7 of 1953
• If signed Will does not comply with formalities – section 2(3) of the Wills Act no 7 of 1953 – Court to declare Last Will and Testament valid