Template for Last Will and Testament

[atomcrusher]

I have searched online for a decent example of a Last Will & Testament, that will comply with SA laws governing estates & inheritance & beneficiaries with little luck.

The web search results I have seen all seem to be filled with adverts, and click-bait links

I'm 65 now so hopefully have at least few more years left on this mortal coil :erm: ... probably more if I packed up smoking!

I know I could go to a local attorney, or my bank, and get one drawn up, but I would like to draw up at least a detailed draft Last Will & Testament on my own, to hone it up, edit it, and get it very close to a final document before I head off to my bank or lawyer to get it translated into "legalese" and for the experts to fine-tune it to reflect my wishes 100%

I own 2 residential properties (one is rented out), one in Jhb, & one in the WC where I live. My partner & I own the WC home we live in 50/50, and that ownership share is reflected on the property's Title Deed, so my Will may be a bit more complicated

One of the potential snags is that my 2 sons and their families live overseas (Ireland) and I need to make sure they can inherit the few Rands that I may have left when I keel over.

 

[LazyLion]

Don't you have a broker or a financial manager? Or even a friend who is one?

 

[bokka1]

PM me, I will help you.

 

[ITCynic]

Be very very careful with do it yourself will templates.

I am presently in a major dispute in the estate of a late family member and my brother and I are being screwed royally over because of a badly drawn will and an executor with a hidden agenda.

If you go to a bank, they will draft your will at no charge but will usually insist on being the executors; there are many horror stories out there about heirs never getting the estate settled with the bank.

I would suggest you go to a comptetent ESTATE attorney, one of the bigger firms preferbly with experience. Pay for the drafting of the will and you can then walk away with a will with no strings attatched to executors at all. You can then choose your own executor or executors after you have researched their capabilities.

Leaving an estate in a mess because of a s h i t will only creates problems for the people you leave behind and I am sure that is not what you want.

 

[HavocXphere]

The situation seems sufficiently complicated that I'd say maybe invest in an actual lawyer. Like ITCynic I've been involved in a dispute on this front as well...sucks big time so I'd venture that this is not a place to save $$$.

I know I could go to a local attorney, or my bank, and get one drawn up, but I would like to draw up at least a detailed draft Last Will & Testament on my own, to hone it up, edit it, and get it very close to a final document before I head off to my bank or lawyer to get it translated into "legalese" and for the experts to fine-tune it to reflect my wishes 100%

This doesn't seem like a good idea to me. The lawyer will feel obligated to use your version as a starting point to keep you happy even if he thinks its sht. Rather write down a list of bullet points specifying the feature you want the will to have...then they can take the template they're comfortable with and add those.

 

[atomcrusher]

Don't you have a broker or a financial manager? Or even a friend who is one?

I live in a tiny town in the WC. My financial adviser in Jhb (whom I appointed years ago before I retired) manages my investments, and I have asked her if she can assist .. but I prefer a face-to-face meet with someone locally where I live now.
I have contacted a local attorney who I have had dealings with in the past, and I am scheduled for a meeting with him in the next few days.
What I was hoping for was a reference to a SA site with a downloadable example of a Last Will & Testament, that I could use, really to prompt me what questions to ask, and what important areas need to be covered in the Will when I meet with the local Attorney

 

[mintydroid]

I live in a tiny town in the WC. My financial adviser in Jhb (whom I appointed years ago before I retired) manages my investments, and I have asked her if she can assist .. but I prefer a face-to-face meet with someone locally where I live now.
I have contacted a local attorney who I have had dealings with in the past, and I am scheduled for a meeting with him in the next few days.
What I was hoping for was a reference to a SA site with a downloadable example of a Last Will & Testament, that I could use, really to prompt me what questions to ask, and what important areas need to be covered in the Will when I meet with the local Attorney

They normally ask to list assets and what you want distributed to which person. They will sort out the wording. Don't make it overly complicated.

 

[hsmnel]

Just be careful, the reason banks and advisors are happy to help and even do it for free is that they appoint themselves as executors and rip the family of when they do the estate later.

 

[mintydroid]

Just be careful, the reason banks and advisors are happy to help and even do it for free is that they appoint themselves as executors and rip the family of when they do the estate later.

+1 000 000

 

[Swa]

I don't know why you want to draw one up yourself. Just make a list of all the points you want in the will and take it to a reputable firm. Careful of lawyers as you don't know who you're getting and what their area of specialty is. Most will do it for free if they appoint themselves as the executor. Just have it retyped and replace the executor with one of your choosing and remember to include with power of assumption.

 

[Nanfeishen]

What I was hoping for was a reference to a SA site with a downloadable example of a Last Will & Testament, that I could use, really to prompt me what questions to ask, and what important areas need to be covered in the Will when I meet with the local Attorney

Here:
http://funeralguide.co.za/write-your-own-will/

In order for a will to be valid it must comply with the following:

A will must be in writing, either typed or hand written. The will must be signed in the presence of at least two competent witnesses, present at the same time and in the presence of the testator. It must be signed on every page by the testator and witnesses. If any special bequests are made, the testator and the witnesses should sign in the margin next to those bequests. The date of the will is also important so that it can easily be established which will is the final will and testament. A line should be ruled through any remaining blank space, so nothing further can be fraudulently added to your will. Please note: Family members or any people who benefit from your will may not complete the blanks in this document, and may not sign as witnesses.

Choosing your executor:

The person you nominate as your executor should be a trustworthy, solvent and responsible person who is likely to be alive at the time of your death, it could also be a legal firm or financial institution. You can choose a beneficiary as your executor provided they are competent, solvent and over 18 years of age. If your nominated executors are not experienced in estates, they can be assisted by an attorney. It is a good idea to ask the persons you propose to name as executors if they are willing to act as executors of your estate.

Exempting your executor from furnishing security:

Children and spouses are automatically exempt from furnishing security. In all likelihood the Master of the High Court will demand security where a person has not been exempted. It is important that you exempt your executor from furnishing security as it is difficult and sometimes costly for an executor to obtain a security bond for winding up an estate. Owing to the difficulty with security it is important that you choose your executor with great care. The only time you would omit the exemption from furnishing security is in a case where you do not trust your executor, in which case you should not appoint that person.

http://funeralguide.co.za/write-your-own-will/free-will-template/

http://funeralguide.co.za/living-will-info/living-will-template/

Most of it you can cover yourself, as mentioned with what to whom, for the property legalese an Administrator of Estates proficient lawyer.