A will, also known as a last will and testament, is a legal document in which a person records how they want their estate to be dealt with after their death.
A will may be used to:
- identify the people or organisations that should inherit from the estate;
- state which assets or portions of the estate each beneficiary should receive;
- nominate an executor to administer the estate;
- nominate guardians for minor children; and
- create instructions for the establishment of a testamentary trust where appropriate.
The person who makes the will is called the testator. A person nominated as executor in the will may only act once formally appointed by the Master of the High Court.
For a will to be valid in South Africa, it must comply with the legal requirements prescribed by the Wills Act 7 of 1953. Because incorrectly prepared or signed wills may be disputed or declared invalid, it is advisable to have a will prepared or reviewed by a suitably qualified professional.
Source and further information: South African Department of Justice and Constitutional Development – Wills
