Requirements for a will:- A will must be made voluntarily. Nobody should be forced or frightened into making a will.
- Anyone who is 21 years or older can make a will, irrespective of sex, marital status or state
of health. Every adult, not only an ill person, should make a will. - The person making a will must have a sound mind. This means that they should be fully
aware of what they are doing. A will made by a person who does not know what he/she
is doing is not valid (invalid).
A will should have the following features:- It can be in any form, but the most common and valid form is a written will.
- It must have a date.
- Two adults must witness you signing the will and they must also sign it. If the will is more
than one page long, then every page must be signed. The witnesses should not be beneficiaries
of the will to which they sign as witnesses. - A testator (person writing the will) must have only one will. However, he or she may make
an addition to the will, which must be signed and attached to the main will. If the testator
leaves more than one will, only the most recent will is recognised.
The contents of a will must include:- Name, address and place of origin of testator (will-maker)
- Names and addresses of the people (beneficiaries) to whom you are leaving property.
- How you would wish your property to be distributed after your death.
- The person you wish to have legal responsibility of your children (a legal guardian).
- The person you appoint to carry out your wishes in the will (the executor or executrix).
- Your wishes regarding your funeral and burial.
- The amount you owe in debts and the amount people owe you.
- The person who should take whatever property you have forgotten to mention.
- Any conditions you want to impose on the people to whom you leave your property.
A will may be kept by:- Registrars of the High Court or appropriate legal officials
- A bank or reputable financial institution (i.e. in a safety deposit box)
- An advocate or counsellor
- A trustworthy friend who will produce it after your death.
Execution of a will:
After the death of the testator, the will is read out. It will identify the person or people
appointed to execute (carry out) the deceased’s instructions. However, the executor/s of the
will must have court clearance and permission before they can distribute or handle the property
of the deceased in any way, as the will is part of a legal process. The first task the executor has
to do when executing the will, is to settle the debts of the deceased. After this is done, then
the property and possessions can be sorted out for the beneficiaries according to the
instructions in the will.(^282) Unit 2, Module 4 Guide to Mobilising and Strengthening Community-Led Care for Orphans and Vulnerable Children