"For Every Stage In Life"
Will Drafting: Content & Requirements
Basic Will Content
Every Will must contain the following basic content –
- A Will must clearly state the identity of the testator/testatrix i.e. full name & Identity Number;
- The testator’s residential address;
- Type of marital system where the testator/testatrix is married;
- Revocation clause revoking previous Wills;
- Any wishes relating to the disposal of remains;
- Clearly state the Executor/s of the will and further state:
- How the estate is to be distributed;
- All registered assets must be clearly stated and clearly described and any assets to be specifically bequeathed;
- The beneficiaries must also be accurately stated, and their identities clearly described.
Requirements for a valid will
In order for a will to be valid, there are prescribed legal requirements that must be met in terms of the Wills Act. These can be summarized as –
- The Testator must have the intention to execute the Will;
- The Testator must have made the declaration voluntarily (i.e. free of influence);
- The Testator must have the mental capacity to create the Will (i.e. over 16yrs old and of sound mind);
- The Will must comply with the formalities prescribed by the Wills Act (see discussion on Formalities of executing a Will).
Key Takeaway: In order for a Will to be validly executed, it must have the basic content and prescribed formalities adhered with.