We all know that it is extremely important to have a valid and up to date will. Hannah Myburgh reminds of some important things to check to ensure that your will is valid and enforceable. Besides the need for it to be in clear and concise language, there are a few steps which are also needed.
Read more: Is your will both valid and enforceable- If you draft your own will – make certain that it is typed accurately; that the person who types it is not a beneficiary nor will benefit in any way from your estate.
- Choose your witnesses carefully – a witness also may not be a beneficiary of any part of your estate mentioned in the will; both witnesses must be over the age of 14.
- Sign your will in the presence of your witnesses and be present when they sign as well; all three of you, yourself and your 2 witnesses must sign, not initial, every page.
- Pay attention to the formatting – do not leave large spaces between paragraphs or between the end of the will and your signatures; doing so could allow for fraudsters or disgruntled persons who have not been named as beneficiaries to insert extra wording which does not comply with your wishes.
- Expressly revoke ALL previous wills – the opening sentence should read, “I hereby revoke all previous wills made by myself” if you have any; destroy all previous wills so that they cannot be used for contestation; this confirms for your beneficiaries that this is your most up-to-date will.
- Date your will – this is not a legal requirement, but it is highly recommended that you do so; not doing so can cause confusion with any previous wills which have not been destroyed.
- Clearly identify your heirs and beneficiaries – do this by using their full names, identity numbers and relationship to yourself; many families use the same names for generations.
- Consider the residue of your estate – sometimes there is money or assets left after distribution to nominated heirs and beneficiaries; include a clause, also known as the “left-overs” clause, stating what should be done with the residue or you may die partially intestate and the residue divided between your intestate heirs i.e those not nominated but related to you. The clause would read something like this, “I bequeath any residue to my estate to be donated to …”
- Do not include any unlawful, immoral or impossible provisions – eg that your son divorces his wife before receiving any inheritance; this is both immoral and against public policy; such a statement could cause that section of the will to be declared invalid.
- Do not use unambiguous language – that is broad statements which could be interpreted in various ways. Eg I leave the residue of my estate to my family; which family? Immediate, extended? Other financial dependants?
- Making amendments to your will – be very careful when making any amendment to your will; if you do make changes sign as close to the amendment as possible and have 2 witnesses sign as well; they do not have to be the same witnesses as signed the original will; an amendment can include a deletion, addition or correction of a clause.
The information for this blog was taken from an article by Hannah Myburgh, a financial planner at Crue Invest, in the Personal Finance of the Saturday Independent dated 9 November 2024.