Last Will and Testament

I, the undersigned, (full names) _______________________________________________________________ (Identity number) ___________________________________________________________ of (residential address) ______________________________________________________ _________________________________________________________________________ _________________________________________________________________________ I hereby declare this to be my Will. I hereby revoke all previous wills or testamentary writings made by me. I nominate (full name) _______________________________________________________ (address) _________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ to be the Executor of my Estate. Should he/she be unwilling or unable to act as executor, I nominate (full name) _____________________________________________ (address) _________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ I direct that the executor of my estate shall/shall not be required by the Master of the High Court or other competent authority to give security for proper performance of his duties. (give details of security to be given or draw a line through if not applicable). _________________________________________________________________________ _________________________________________________________________________ Page 1 Signed by TESTATOR: ________________________________________________ WITNESS 1 ______________________ WITNESS 2. _____________________________ E & OE

TESTATOR Signature: _____________________ Date: ___________________________ WITNESS 1. Name: _________________________________________________________ WITNESS 1.I direct that my estate shall devolve as follows: Special Bequests: ___________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ After my special bequests I bequeath the residue of my Estate to: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ In witness whereof I have signed this will in (place) _______________________________ _________________________________________________________________________ (month) (year) in the presence of the on the _____ (day) of undersigned witnesses who in my presence and in the presence of each other have signed this will as witnesses. Name: ________________________________________________________ WITNESS 2. Signature: ____________________ ID Number: ______________________ WITNESS 2. Signature: ____________________ ID Number: _____________________ E & OE .

What is a codicil? A codicil is a schedule or annexure to an existing will. • A commissioner of oaths must certify that they are satisfied as to the identity of the testator and that the will is the will of the testator.za E & OE . • The witnesses must attest and sign the will in the presence of the testator/ and of each other and if the will is signed by the other person. 81 of 1987. a bequest to your divorced spouse will be cancelled if you die within three months of the divorce. anywhere on the page. The testator (person making the will) must sign at the end of the last page of the will. Wherever signatures are required. your estate will be split up according to the Intestate Succession Act. This gives a divorced person three months after the divorce in which to amend their will. every page except the last one must be signed by the testator or by the person signing on their behalf anywhere on the page. If you make a mark. It can be written by hand. because they will then be disqualified from receiving any benefit from that will. The estates of people who die intestate and whose estates are governed by the principles of customary law. it is not necessary for the same witnesses who signed the original to sign the updated will.gov.Some points to consider when creating a will: Who is competent to make a will? Everyone 16 years old and over. your divorced spouse will benefit as indicated in the will. • If the will consists of more than one page. must be reported to the Magistrate for the area in which the person was resident at the time of their death. which was made before your divorce. unless you specifically provide otherwise. or get someone to sign on your behalf. Persons completing blanks in the will or signing as witnesses or their spouses are disqualified from benefiting from a Will. or if someone signs on their behalf. They can be written by hand. this other person must sign at the end of the last page in the presence and by the direction of the testator. you must follow these requirements: • If it was made after 1 January 1954. which is made to add to or to change an existing will. A codicil does not need to be signed by the same witnesses who signed the original will. Should you not change your will within three months after your divorce. A beneficiary to a will should not sign as a witness. What are the requirements for a valid will? • • • • • • • Since 1 January 1954 all wills must be in writing. Consult your legal representative for more information in this regard. The Wills Act says that. What are the requirements for a valid will if I cannot sign my name? You may ask someone to sign the will on your behalf or you can sign the will by the making of a mark (for example a thumbprint or a cross).capegateway. will not necessarily fall away after the divorce. The local magistrate should be consulted on how an estate that is subject to customary law will be dealt This material is subject to copyright: http://www. no. the will must be in writing. typed or printed. Must I amend my will after divorce? A bequest to your ex in your will. • The testator must sign the will at the end of the last page by making a mark. There are some exceptions to this rule. also in the presence of that person and a commissioner of oaths. • The mark or the signature of the other person signing on behalf of the testator must be made in the presence of two or more competent witnesses and a commissioner of oaths. A codicil must comply with the same requirements as a valid will (listed above). typed or printed. unless at the time of making the will they are mentally incapable of appreciating the consequence of their actions. What if I want to amend my will? Amendments to a will can only be made while executing a will or after the date of execution of the will. The testator must sign the will in the presence of two or more competent witnesses. What will happen if I do not leave a will? If you die without leaving a will or a valid will. When amending a will. The witnesses must attest and sign the will in the presence of the testator and of each other. Amendments to a will must comply with the same requirements for a valid will (listed above). The testator must sign all other pages of the will anywhere on the page. • The commissioner of oaths must sign a certificate and each page of the will. Who is competent to act as a witness to a will? Anyone who is 14 years old and over and who at the time that they witness the will is competent to give evidence in court. a full and normal signature must be attached and not mere initials.

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