Last Wills & Testaments

At LegalEverAfter, we offer comprehensive estate planning services to ensure that your wishes are properly documented and your loved ones are provided for according to your intentions. In South Africa, when someone passes away, their estate can be distributed through two avenues: intestate or testate succession.

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Intestate succession occurs when a person dies without a valid will, leaving the distribution of assets governed by the Intestate Succession Act of 1987. On the other hand, testate succession involves the distribution of assets according to the terms of a legally recognized will, which is primarily governed by the Wills Act of 1953.

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Our expert team guides you through the process of drafting a valid will, ensuring that it adheres to specific requirements under South African law:

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1. Written Form: Your will must be in writing, whether handwritten, typed, or printed.

2. Signed by the Testator: The individual making the will, known as the testator, must sign it or acknowledge the signature in the presence of two competent witnesses.

3. Witnesses: Two competent witnesses must observe the testator signing the will. These witnesses must be present at the same time and sign the will in the presence of the testator and each other.

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Understanding the consequences of not having a will is crucial:

Intestate Distribution: Without a will, your assets may not be distributed according to your wishes, potentially leaving certain loved ones without what you intended for them.

Potential Disputes: Intestate succession can lead to disputes among family members over asset distribution, resulting in strained relationships and lengthy legal battles.

Increased Costs and Delays: Intestate succession can be more complex and time-consuming than distributing assets according to a will, resulting in increased legal costs and delays in settling the estate.

Limited Control: Without a will, you have no control over who inherits your assets and possessions, potentially leaving your estate to be distributed according to legal rules that may not align with your wishes.

Our dedicated team at LegalEverAfter is here to help you navigate the complexities of estate planning and ensure that your wishes are properly documented. Seek our legal advice to safeguard your assets and provide for your loved ones according to your intentions.