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Wills Act: How to Draft a Valid Will

After marrying in a traditional customary ceremony, Denis realised he had to put plans in place to take care of her and their children if h...

After marrying in a traditional customary ceremony, Denis realised he had to put plans in place to take care of her and their children if he passed away.

He told his family what his last wishes were and hoped they’d ensure Delilah and his children were taken care of.

He needs advice on how to make a valid will for his wife and children.

According to the Wills Act 7 of 1953, a will – also known as a last will and testament – is a document that states what you want to happen to your estate, valuables and personal belongings after your death.
How to Draft a Will 

In the document, you’ll name your heirs (people that will inherit), guardian(s) for your minor children and an executor who’ll collect and distribute your assets as described in your will.

Requirements for a valid will set in the Wills Act are:

  • It must be in writing – handwritten, typed or printed.
  • The testator (person whose will it is) must sign at the end of the document.
  • The signing of the will must take place in front of two impartial witnesses.
  • The witnesses should sign the will in front of the testator.
  • If there is more than one page, each page should be signed by the testator.

What can he do?
He should have a valid will drafted by a lawyer, bank or responsible person to ensure Delilah and his children are covered.

Way forward
Denis now knows what a valid will is and can approach Scorpion to have a simple one drawn up for him to protect Delilah and his children.


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