It may sound depressing, but planning for your death is a very important part of responsible adulthood. Having a valid will ensures that your wishes are carried out and your assets are distributed according to your wishes. It doesn’t even have to be a lot of admin – if you’re a Scorpion member, we can assist with the drawing up of a free basic will for you.
In its basic form a will (also known as a last will and testament) is a legal document that outlines how your assets will be distributed when you pass away. Section 2(1)(a) of the Wills Act 7 of 1953 sets out the requirements for a valid will. However, keep in mind that a small oversight can render your will invalid.
Requirements for a valid will
1. Capacity to Contract
Legal capacity to contract means that the testator (person who wants to draw up the will) must be able to make rational decisions and appreciate the consequences of his or her actions. In South Africa, you can only create a will when you are 16 years or older because you are deemed to have contractual capacity.
Mental capacity is another qualification, meant to protect those who cannot make decisions for themselves due to illness, injury, a learning disability, or mental health problems.
2. Basic Personal Information
Basic information like your name, surname, ID number, and marital status need to be included in your will.
3. Executor
This is the person who will be responsible for carrying out the instructions in your will and managing your affairs and wishes once you’re gone. You should nominate an executor in your will.
4. Proof of ownership
This is a detailed account of all your assets, investments, property and any other belongings.
5. Beneficiaries
The person or persons you name in your will to benefit from your estate when you pass away.
6. Qualified Witnesses
According to section 1 of the Wills Act, a competent witness is anyone over the age of 14 who is of sound mind and capable of understanding the consequences of his or her actions and can testify in court.
It is also important to note that a beneficiary to a will should not sign as a witness, because he/she will then be disqualified from receiving any benefit from that will. There are some exceptions to this rule.
7. Valid Signature of the Testator
It is recommended that the signature be placed just below or as near as possible to the last line of the will. If you cannot sign your will in person, you can request that someone either signs on your behalf or you can make a mark or thumbprint. However, all this needs to be done in the presence of at least two competent witnesses, and a commissioner of oaths. The commissioner of oaths must certify the will and sign each of its pages.
Many young people assume that you don’t need to worry about having a will until you are older and have major assets. However, accidents can happen at any age, and having a will ensures that your loved ones are taken care of. Scorpion Legal Protection has a Specialist Wills and Estates department that is ready to assist all existing members, with the drawing up of a free simple will as an added benefit to their cover. To find out more about joining, click here.
If you’re an existing Scorpion member interested in getting your free basic will drawn up, WhatsApp us on 011 842 7890, speak to us on LiveChat on our website or through Facebook Messenger, or call us on 0861 333 333. You can also fill in our Online Query form and we’ll get back to you.
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*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.