Why a will?

Every competent person of 16 years and older that owns assets and is mentally able to understand the results of his or her actions, should have a will.  Why?  If a person dies without a will, it could lead to severe administrative, tax and legal problems and possibly also lead to financial losses.

A will should comply with certain legal requirements to be valid.  In your will, you determine how your assets should be divided, and nominate an executor and trustee to take care of the division of the estate's assets and to handle the administration of any trust assets.

You have the right to name heirs as you wish in your will.  If you don't, your assets will be divided according to the Intestate Succession Act, Nr 81 of 1987, after your death – which could mean that persons that you would have preferred not to inherit from you, could inherit.

Your will therefore determines the future of everything that you've built up through the years – and your heirs can be directly disadvantaged if you don't plan correctly.  Estate duty, income tax, VAT and capital gains tax can take a big chunk out of your estate if your planning is wrong.

It thus goes without saying that you should get the advice of a specialist or adviser for the drafting of your will.

Your will is probably one of the most important documents that you can draft during your lifetime. A will must comply with the formalities as directed in the Wills Act, otherwise the document (or part thereof) can be declared invalid and in executable. Also, a will is drafted according to each person's unique circumstances and needs, therefore it is not advisable that standard wills/will templates be adjusted and then be used as a will.

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