In our last article we touched on the importance of having a will and some of the consequences if you don’t. As we are currently in free wills week we feel it necessary to address the requirements of a valid will so that the readers may make sure that their will is not invalid.
Firstly, should your will be deemed to be invalid, your estate will be wound up as if you did not have a will. Therefore, it is imperative to make sure you and your loved ones have wills that cannot be challenged.
There are specific requirements a will must comply with, namely:
1. A person must be over the age of 16 years.
2. The will must be in writing. This means that a will can be typed or handwritten. If the will is handwritten, it must be remembered that the person who writes the will is not allowed to be mentioned as a beneficiary in that specific will.
3. Each page of the will, including the last page, must be signed by the testator (a testator is the person whose estate the will deals with). The will must also be signed by two competent witnesses. A person will qualify to be a competent witness if s/he is 14 years of age or older.
It is very important that the testator and the witnesses sign the will in the presence of each other.
A person who cannot sign his/her will can sign it by making a thumbprint.
If a thumbprint is used, the will must be certified by a Commissioner of Oaths indicating that s/he is satisfied with the identity of the testator and that it is indeed the will of the testator.
As Tuckers Inc participates in this initiative, the public is welcome to contact us to arrange for a consult for a free will during this week.
You may contact us on 011 897 1900 or info@tuckers.co.za.
