DRAFTING A WILL

1. Identification Clause: full name, address, and the date it was made.

2. Capacity Clause: I testify that I am an adult female/male of sound mind of ID No.

3. Revocation Clause: I hereby revoke all my former testamentary dispositions and declare this to
be my last will and testament.

4. Executor: I hereby appoint AB as my executor…

5. Wishes to be expressed: e.g. funeral arrangements; I hereby direct AB to ensure…

6. Bequests:

a. Specific gift: distinguishable property that forms part of the estate e.g. a particular item.

b. General gift: part of the estate, but not distinguishable by property of the same kind.

c. Demonstrative gift: general in nature = paid out of a particular fund or property.

d. Pecuniary gift: a gift of money.

e. Residuary gift: gifts made after specific gifts are made.

7. Preemptive Clause: what will happen if any of the beneficiaries predecease the testator.

8. Guardian Clause: where the testator has children that would need to be taken care of upon the
testator's death.

9. Life Interest Clause: applies to spouses etc.

10. Witnesses and Attestation: two or more witnesses. If the two witnesses are beneficiaries then
two more independent witnesses should attest as well.

11. Attestation Clause: explain the circumstances in which the will was signed and witnessed.

12. Signature: done in the presence of the witnesses.

13. Codicils: Codicil I, Codicil II, Codicil III etc.