Our Services
Drafting your Will
Drafting your Will
Drafting of Wills and Testaments
We are able to assist you with any will pertaining to your South African assets. It is of the utmost importance that if you have assets outside of South Africa that you speak to a legal advisor in that country to draft a will for those assets, as every country has their own legal requirements to transfer assets held in them, to your heirs.
About Wills
What is a valid Will?
If you are older than the age of 16 and own any assets or acquired any debts, it is advisable to have a valid drafted will. A valid Will is one that is:
Conforms to the Wills Act 7 of 1953 and is able to be legally executed in South Africa.
The original will need to be submitted to the Master of the High Court.
The Will is signed by yourself (Testator/Testatrix) and 2 witnesses.
Importance of Wills
Importance of a Will in SA
If you do not have a valid will, you will pass away intestate. This means that assets you verbally agreed or intended to leave to someone could end up not going to that person as there are strict regulation in leaving assets to heirs of an intestate estate. Inheritances to minor children can end up with the Government in the Guardians fund that make it very difficult for the guardians of the children to claim maintenance for your children and the assets tend not to grow or have very little growth while in the Guardian’s fund.
Yes, according to South African law you have freedom of testation. It is however very important that your will is drafted correctly to make sure the inheritances left to your heirs are protected for your heirs and you have made provision for your spouse and minor children for a maintenance claim.
This is where you do not own numerous assets especially businesses, maybe only your current home and a vehicle and possibly a few investments with the bank or South African financial institutions like banks, insurance companies, investment companies, etc. and you leave all these assets directly to your spouse or other loved one without special requirements that need to be met.
If you have children, been married before, have illegitimate children or assets outside of South Africa it is advisable to have a consultation with Bianca Sutherland so that she is able to advise you appropriately on how to draft your will to successfully leave your assets to the intended people.
Costs
Costs of drafting a Will
Simple Will and Testament
Simple final Will and Testament – R200
Will Including Testamentary Trust
Final Will and Testament requiring a testamentary trust – R800
Final Will and Testament requiring advice
Final Will and testament requiring advice – deposit of R1000 and R500 after consultation to release will
- This will include the 1st hour consultation via Zoom/Microsoft Teams and drafting of will;
- If additional consultations are required, you will be charged an additional R1200 per hour;
- If you require in person consultations, this will attract additional travel costs;