Wills - a brief introduction

Introduction

A legal will is a document that ensures your wishes with respect to your assets and property are followed after your death. Problems and complications arise when a person dies interstate i.e. without leaving his Last Will behind. It’s always a sensible decision in writing a Will, if not written it can put the close family members behind you in great predicament after your death.

Definitions

A Will Documents are defined as “The legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.” In other words, a Will or a Testament means a document made by a person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

Legality of the document

  • Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.
  • Executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him.
  • Legatee/Beneficiary is a person who inherits the property under a Will.
  • Probate is a copy of the Will, duly certified under the Seal of a competent Court.
  • Testator is a person making a Legal Will and executing it.

Essential requirements for the Will

  1. The documents purporting to be a Will or a testament must be executed by a person legally competent to make it;
  2. Every person, capable of making a Will must be:
    • not a minor;
    • of sound mind;
    • free from fraud, coercion or undue influence;
  3. The declaration should relate to disposition of the property of the person making the Legal Will;
  4. The declaration as regards the disposal of the property must be intended to take effect after his death;
  5. The Will must be properly signed and witnessed;
  6. it must be initialed by the testator at the end of every page and next to any correction/alteration;
  7. There are no language restrictions on writing of a Will. A Will can be written in any language, the words, however, should be clear and unambiguous so that the intention of the testator is reflected in his Will.
  8. Stamp Duty: No Stamp duty is required to be paid for execution of a Will or a Codicil.

  1. Attestation and Registration: A Will must be attested by two witnesses, who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.

  1. Registration: It is not mandatory for a Will to be registered.

Net Lawman documents comply with the aforestated legal requirements when dealing with the subject of creation of will documents. Some of the examples are provided by Net Lawman below.

If you wish to draft a legally drafted will. Since every customer’s requirements and expectations are different, we offer a service to draft legal documents to specific requirements of the clients, where we guarantee client satisfaction so that you can return to us for your future needs. We therefore invite you to kindly visit Contract drafting service to find the necessary help and assistance.

Please note that the information provided on this page:

  • Does not provide a complete or authoritative statement of the law;
  • Does not constitute legal advice by Net Lawman;
  • Does not create a contractual relationship;
  • Does not form part of any other advice, whether paid or free.
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