It is vital to make sure that you have a valid will. Sometimes people choose to draw up their own will or they feel the need to put a will in place in a hurry and don’t have time to get to a professional. If you are in this position, it is important to ensure that your DIY will meets all of the requirements set out in the Wills Act for a valid will. If your will does not meet the required formalities, your will may be declared invalid.
Before we take a look at the required formalities, let’s explain some of the terminology used when drafting wills.
Firstly, most wills start with a paragraph which revokes all previous wills. Revoke means to annul, so this would mean that the directions set out in the previous will will be ‘taken back’ and the new will will replace the previous will.
The person whose will it is is called a Testator if he is male and a testatrix if she is female. In this article we will refer to testator, but the same rules apply regardless of gender.
We always recommend seeking professional advice when drawing up a will because, beside the above formalities for a valid will, there are a lot of other factors which you need to keep in mind when planning your estate or drawing your will.
If you’d like to get a professional to draw your will, you can complete our easy Online Will Form at www.pagdens.co.za/wills/ and we will contact you with our suggestions.
This article is for general information should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact an attorney for specific and detailed advice. Errors and omissions excepted (E&OE)