One of the most important documents that you will ever sign, and this is not your marriage register or your first house purchase, but rather a document that is linked to all the above and that is your Will.

A Will is the instruction of a living person called the Testator/Testatrix, older than fourteen years, giving directions to a specific person of company representative, to distribute his assets and to give effect to his final wishes, after date of death to ensure that he/she leaves behind a legacy and not a disaster. A Will firstly has to be in writing, preferably typed, however should the will be hand written, it is important that a commissioner of oaths attaches a certificate on every page ensuring the identity of the Testator/Testatrix signing the will, or confirming the identity of the person signing the Will, instructed by and on behalf of the Testator/Testatrix who’s Will this is and confirming that the Testator/Testatrix understands the contents of the Will and the instruction to draft the Will was desired by such a person.

The Will must be attested by two witnesses on each page, signed by the testator/testatrix to be valid.

Anyone may draft his or her own Will; however it is recommended that a Will, being an important professional document, be drafted by a necessary skilled attorney, accountant or broker who is equipped with the necessary drafting skills. Should a Will be poorly drafted, it may be declared invalid or referred to the High Court to determine the validity thereof, incurring huge expenses for the estate of the testator/testatrix, which could have been avoided if the Will was drafted correctly.

It is very important that whomever is nominated as an hair or beneficiary in your Will, does not sign that Will as a witness, nor be the person signing, or applying the handwritten parts of the Will upon instruction of the Testator or Testatrix, as this will have the possibility of that heir being disqualified as an heir in the estate, therefore it is important that you have two independent witnesses who can attest to the Will in an objective manner.

It has long been feared that should you not have a will that your assets will be awarded to the government, should you not have a valid Will. This is however not true, as the Next-of-Kin of the deceased will be searched for until found, and should such a Next-of-Kin not be found, the assets will be sold and the funds paid into the Guardian fund at the Master of the High Court, until such a beneficiary or Next-of-Kin presents him/herself.

It is important that an Executor is nominated in your will, as the Executor acts as the caretaker, ensuring that your assets be maintained and distributed to your heirs. Other than the Witnesses of your Will, any or all of your heirs or beneficiaries may be nominated as Executor and still be an heir as well.

 Although it is by law required that should a person not have a valid Will, his/her assets be distributed to the Next-of-Kin, however it might not be the desired distribution of the testator/testatrix, which can lead to family feuds and years of unresolved estates, therefore it is absolutely a necessity that one has his/her Will drafted by a professional, who will ask the correct questions and who has the necessary drafting skills ensuring you peace of mind.