Dying and The Law - Hospice Palliative Care Association of South ...

DYING WITH A WILL - TESTATE SUCCESSIONFormalities of a valid willA will must comply with the followingformalities:• The person writing the will (testator)must be 16 years or above.• The will must be in writing.• The will must be signed by the testatorand if there is more than one pagethe testator must sign every page.• The testator must sign the will in frontof two witnesses.• The two witnesses must also be ofsound mind and over the age of 14years.• The witnesses must sign the will in frontof the testator and they should notbe due to inherit anything from this will.Drawing up a will• Give your full name with your identity number and youraddress.• Say what your marital status is,and if married, state your maritalregime. Give the name andidentity number of your spouse.Are you single,married, divorcedor widowed?• Write down that this is your last will and testament andthat you revoke (cancel) all other wills that you havemade before this one.• Name someone you trust to take on the administrationof your will (carrying out your wishes) – an executor. Youshould ask the person first before naming them as yourexecutor in the will. If you do not select someone, or ifthe Master thinks that the person you have chosen willnot be able to do the administration properly, then theMaster may select someone for you.• You must also say that the executor does not have topay any money when she/he accepts the position ofexecutor. This is called an `exemption from payingsecurity’.• Make it clear how you want your property to be dealtwith. Write down who will inherit each of yourpossessions. Give details such as their full names,addresses and whether they are male or female, marriedor unmarried.• Always think of your minor children. If you have minorchildren, you need to think of someone you trust whocan act as their guardian. This person must be able andwilling to be their guardian. If it is possible, an expertsuch as a bank manager, an accountant or a lawyer shouldbe consulted when there are minor children.• When you are finished,write the date and sign thewill, in full, in front of thetwo witnesses – you mustsign the will as closely aspossible to the last line ofwriting in the will.This is to stop anyonefrom adding anythingonto your will.WARNINGA person cannot inheritif s/he signs as awitness. This is to stoppeople fromcommitting fraud orthe court thinking thatthey may havecommitted a fraud.• Both witnesses must sign, in full, after your signature onthe last page.Unless your will includes an ‘exemption from payingsecurity’, the Master will normally require the Executorto submit a bond of security. This is because the Executoris responsible for your assets. If you appoint yourparent, your child or your spouse as your Executor,they do not have to submit a bond of security.Remember that despite your wishes in your will, thedecision to request a bond of security is at the Master’sdiscretion.Chapter 12 | Dying and The Law183