The importance of a will and the drafting thereof

When a person passes away without a valid will, the distribution of one’s estate is governed by the Intestate Succession Act 81 of 1987. It’s therefore extremely important that your will is drafted according to your wishes. It should also abide by the formalities as provided for in the Wills Act 7 of 1953 to ensure that the entire will is valid.

Due to the fact that the testator’s and/or testatrix wishes are reduced to writing and not reliant on verbal communication, a will can limit family feuds and unnecessary delays in the administration process of an estate.

Another important thing to consider when drafting a will is the aspect of the guardian for minor children and how the funds will be distributed to the minor children.

Many times, the wishes and preferences of the testator and/or testatrix are not understood and coherently brought to paper by the drafter of the will. This causes the distribution of the estate not to follow according to the wishes of the testator and/or testatrix.

The drafter of a will must have a thorough knowledge of the prevailing legislation to ensure that the wishes of the testator and/or testatrix are compatible with law and that the wishes of the testator and/or testatrix can consequently be lawfully enforced.

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