Basic guidance with drafting of a will

  1. If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate success as stipulated in the provisions of the Intestate Succession Act, (Act 81 of 1987).   You cannot choose who will inherit your assets and your heirs are the fixed recipients of your assets, as per the act.
  2. If you have other types of offshore assets, you may need a separate will for each jurisdiction where they are located. This is because different countries have different rules and requirements for dealing with these assets after death.  Having separate wills can streamline the entire estate planning process and allow all your offshore assets to be dealt with at the same time as your South African estate.
  3. All persons from the age of 16 and over can have a will, unless at the time of making the will the person is mentally incapable of appreciating the consequence of his/her action. 
  4. You may draft your own will, but always remember that a will is a specialised document and needs to adhere to certain legal formalities for it to be valid.  We are happy to review and confirm this.
  5. It is wise to revisit your will occasionally to just make sure nothing has changed and that should maybe be updated.  We are happy to have a look and provide you with suggestions or assistance as needed.

If you want to make use of our offer for a free basic will, it includes the following:

  • Email us on christelle@cpansegrouw.co.za and we will then email you with a questionnaire to complete.
  • You need to send us the completed questionnaire whereafter we will prepare a draft will from the information provided.
  • Then we will consult in person, over the phone, via whatsup videocall or teams to finalise and make changes in necessary.
  • Should there be more time required to finalise your will or if your estate planning is more complicated, a minor fee could possibly be charged.

For further assistance or information, please contact us on christelle@cpansegrouw.co.za