WE A LT H
NEVER UNDERESTIMATE THE IMPORTANCE OF A VALID, LEGALLY COMPLIANT WILL
G
iven the importance of a
law accepts a handwritten will,
will as an heir or beneficiary, nor
provided it is properly signed
should he or she be nominated as
by the testator and at least two
the executor of the will. Having a
witnesses, a lack of professional
witness who is also a heir may not
guidance when setting out
automatically invalidate the will,
such a document could lead to
but it will mean that the person
confusion regarding your wishes.
in question will never be able to
And even if those wishes would
inherit more than he or she would
make perfect sense to you,
have inherited if the deceased had
there’s a chance that effecting
passed away intestate (without a
them may be made more difficult
will). This makes the execution of
by legalities and practicalities of
the will very complicated and could
which you may not be aware.
have a significant negative impact
The bottom line is that a handwritten will, or any other will, which fails to comply with
BY CHANEL KEMPFF, CLIENT VALUE PROPOSITION HEAD, FNB FIDUCIARY ADVICE
on the inheritance of the heir who signed as a witness. A final aspect of drawing up
the Wills Act for whatever reason,
a valid will, that should be very
could mean that the beneficiaries
carefully considered, is the fact
have to apply to court to have
that digital signatures of these
it declared valid. Avoiding the
documents are still not considered
considerable costs, delays and
legally compliant. Wills are
frustrations that this process
excluded from the provisions of
might cause your heirs, should
the Electronic Communications
be more than enough reason to
and Transactions Act, which
is put into action on your death,
ensure the document is executed
means that the testator is still
without undue delays, unexpected
properly and professionally.
required to physically sign every
will as a key component of any estate plan, it’s worth
the relatively minor investment of time and money to ensure that you get it 100% right. After all, your will plays a fundamental role in ensuring that your estate plan
costs or negative impacts on those you care about. Interestingly, very few people
Another important consideration when drawing up
page of the document. Ultimately, the best thing you
your will is who should sign as
can do for your loved ones is to
realise that their will can in fact
witnesses. A legally valid will has
ensure that the legacy you leave to
be declared invalid, or that their
to be signed by the testator (the
them is accessible, uncomplicated
beneficiaries could face lengthy
person drawing up the will) and
and without frustrations,
court battles if the document isn’t
two competent witnesses. The law
challenges and delays. While a will
legally compliant.
defines a competent witness as
doesn’t automatically guarantee
a person who is at least 14 years
that the process of distributing
considerations that, if not given the
old and able to give evidence in
your estate will be smooth sailing,
necessary attention, could see your
a court of law. In addition, the
having a well-drafted, valid will in
will being contested or declared
witnesses (or their spouses)
place significantly increases the
invalid in court after you pass away.
should not be mentioned in the
likelihood that will be the case.
There are a few minimum
The first such consideration is
With that in mind, it’s worth
to try to avoid having a handwritten
enlisting the services of a fiduciary
will. While it’s understood that,
specialist to revisit your will or
sometimes due to unavoidable
help you to draw up a new one
consequences, this type of do-it-
that is valid and ensures that your
yourself will is the only option,
loved ones are certain to be cared
it can also present significant
for in the way you desire. •
risks that your wishes are not carried out. Whilst South African
This article first appeared on www. moneymarketing.co.za on August 26, 2020
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