I need a will...

M

Merlin

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Hi all,



I'm a healthy chap, approaching my mid '30s. A few evenings ago I checked myself into the local ER, after experiencing a very scary episode during which I was battling to breathe and in severe pain. Without going into detail, I was suspected as having a life-threatening condition. Thankfully, the prognosis is now good and I am well on the road to recovery.

Needless to say, I got a big fright and now feel the need to put some plans in place should something happen in future. A will is a high priority on that list.

Are the one-stop wills from the local stationery shop sufficient? What makes a will a complete, final document? Who should I be talking to? Should a particular person/company hold my will? Anything else?

Thanks.
 
Merlin said:
Thanks CB.

The budget won't accommodate a lawyer at this stage, unfortunately. :/ It's been a heavy few months...
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If you are a normal person like I, go to your bank or financial advisor. Absa ask you R100 per year to keep it, financial person 0.
 
Ditto on the financial advisor / insurance guy. At least you'll have a way when the will is sorted.
 
Merlin said:
Thanks CB.

The budget won't accommodate a lawyer at this stage, unfortunately. :/ It's been a heavy few months...
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I would urge to get specialist in the area. Not neccessary the most expensive one. I saw an example when having poorly written will made a matter worse than signing nothing.

Without a will everything is protected by common law. You can prepare for it in advance by setting up family trusts (as an example) to achieve what you want. It is also better from a tax point of view.
 
Lawyer is not a good idea. They charge you consultation fees etc. The worst thing is, which did happen before, is when you need to have access to the will ASAP, you might find that the lawyer office has closed or the lawyer is on holiday and s/he will be back in a couple of weeks.

So rather go with a huge financial firm, where your will is available anytime.
 
Eti1 said:
Why do you think you need a will OP?
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Everyone should have a will..
Unless you want to die intestate and leave it up to the state to wind up your affairs..
Don't.do.it
 
marlin178 said:
Everyone should have a will..
Unless you want to die intestate and leave it up to the state to wind up your affairs..
Don't.do.it
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The state will wind up your affairs whether you have a will or not . But the complexity of what OP wants to do may indicate whether he needs to use an attorney.
 
If your life is simple and you're up to it you can do your own will.

You need to sign it in the presence of two competent witnesses, who must also sign it and each page in the presence of one another and the testator. It's good to also say that you and they sign in one another's presence.

Clearly date the will so that it in the event if multiple wills it can be established which is the most recent.

It's also customary to start off by saying that you are of sound mind and freely make the will without duress or undue influence.

Formulate your sentences simply and clearly. Avoid any ambiguity.

Make sure your will can be discovered by heir and thus executor in the event of your death.

Personality, I'd avoid using a bank - they usually require that you appoint them as executor, and they charge your estate handsomely for that.

If your life is complicated, rather see a lawyer.
 
Last edited:
Thanks for the input, everyone. You've given me a number of good points to ponder.

Eti1: That's a silly question.

My life is pretty simple, but I do have a number of specialist assets which require a plan.
 
Arthur said:
If your life is simple and you're up to it you can do your own will.

You need to sign it in the presence of two competent witnesses, who must also sign it and each page in the presence of one another and the testator. It's good to also say that you and they sign in one another's presence.

Clearly date the will so that it in the event if multiple wills it can be established which is the most recent.

It's also customary to start off by saying that you are of sound mind and freely make the will without duress or undue influence.

Formulate your sentences simply and clearly. Avoid any ambiguity.

Make sure your will can be discovered by heir and thus executor in the event of your death.

Personality, I'd avoid using a bank - they usually require that you appoint them as executor, and they charge your estate handsomely for that.

If your life is complicated, rather see a lawyer.
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To add to this.

You need to sign the last page of the will as close to the last words as possible.

You need to sign all the pages of the will. The witnesses need to be at least 14 years of age.

Clause 1 = you revoke all previous Wills.

Appoint a family member or friend as your executor.
 
Eti1 said:
To add to this.

You need to sign the last page of the will as close to the last words as possible.

You need to sign all the pages of the will. The witnesses need to be at least 14 years of age.

Clause 1 = you revoke all previous Wills.

Appoint a family member or friend as your executor.
Click to expand...

Thank you.
 
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