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Online Will instructions

Please complete this form and click the "Submit" button at the end. We will draft the will and send it to you to consider. If you are satisfied with it, you can sign it or you can phone us to attend to any changes. Once it has been signed you can send it back to us for safekeeping or you can keep it with your other important documents.

We suggest that you read the whole page to get an overall picture before you start filling in any instructions.

NOTE: A will is a very important document and it might not be ideal to deal with it online especially if it is not a very straightforward will. Please read our Disclaimer.

Full First Names and Surname  

 

ID      Marital Status   

Occupation   

Full First Names and Surname of spouse if applicable

Full names of children with dates of birth

Name of child Date of Birth
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year
Day   Month Year

Current physical address  

 

 

SPECIAL BEQUESTS

Sometimes the testator (person making the will) specifies certain amounts of money that he or she wants to leave to certain people (like a surviving spouse, children, nephews and nieces, godchildren, special friends, faithful employees) or to certain charities or associations (like the church, a school, the SPCA, a cancer association, particular medical research). Sometimes there are specific assets (like jewelry, special furniture, a collection) that he or she wants to give to specific people or associations. These are dealt with at the beginning of the will as special bequests (also called prae legacies).  Please note that it is not necessary to make an inventory of everything you own and allocate it to heirs. The balance left over after the special bequests (residue) is then shared by a surviving spouse, children, other family members or named people or associations. It is important to remember that special bequests are usually dealt with first when distributing assets and so you must be careful that there will be enough money left over for your family. For example, you may have a good round of golf and in a moment of weakness you say in your will that you want to give R500 000.00 to the golf club as a special bequest. When you die, your estate is only worth R600 000.00. The golf club gets their special bequest of R500 000.00 first and your wife and kids share the balance of R100 000.00. 

If you have any special bequests please list them in a separate e-mail to us if you cannot fit them in below

Name of heir Amount or description of asset

 

 

MAIN BENEFICIARIES (RESIDUARY HEIRS)

Explanatory note: Usually a person making a will leaves all of his or her belongings (or the balance after the special bequests ) to a surviving spouse and the children or other close family. It is not necessary to list every asset that you own and specify what should happen to it.   If the assets are left to more than one person, then it is important to specify what share each of them should get. If you don't specify, then it is presumed that you want them to share equally. 

Action: List the names of the people that you want to share in your estate. If you want your spouse and child/ren named above to share your assets equally, then there is no need to repeat their names here. If you specify a percentage then the other heirs will share equally in what is left eg you might want to specify that your surviving spouse gets fifty percent and the rest share the other half.

Name of heir Percentage Share

Unfortunately it is a fact of life these days that entire families sometimes die in the same calamity and so you should specify who should inherit in such event. It also applies when the people you named as beneficiaries die before you and you have forgotten to update your will in the meantime. If you do not specify any person or association here then we will draft your will to say that your estate must then go to the people that would have inherited if you had died intestate (ie without a will)

Name of heir Percentage Share

 

You now need to appoint someone to be your Executor. It is his job to wind up or finalize your Estate. He will report the Estate to the Master of the High Court and then follow all the formalities to gather in all your assets, pay off your accounts and then pay out the heirs as instructed in your will. Sometimes people are tempted to appoint a family member to try to avoid paying someone else to do the job. It is a task that needs to be done properly and so it is advisable to appoint someone who knows what he is doing even if it is jointly with your family member or friend. The fees are restricted to a percentage of the assets and income after the date of death and the whole process is strictly monitored by the Master so there is little danger in appointing a professional person. Legal Outsource Services is the administrative section of Attorneys Nel & Stevens who have considerable experience in winding up deceased estates

I would like to appoint and to be the Executor/s of my Estate. If you have indicated that you want a named person to be the Executor or joint Executor, please give his name, address and relationship to you

   

If a minor (a person less than 21 years old) inherits any money, the money is placed in the Guardians' Fund until he turns 21 and it is then paid to the heir. This is a fund administered in the Master's Office and there are a number of formalities involved in arranging payments of funds. Many people prefer the money to be controlled by their Executors and some also prefer the heirs to be a bit older than 21 before being paid out what will hopefully be a substantial sum of money. In order to achieve this they say in their will that if a person younger than a certain age is due to inherit, then his inheritance must be held in trust by his Executors until the heir reaches the nominated age.

I would like any amount due to an heir who is less than years of age to be held by until the heir reaches the nominated age.

A testator normally wants to protect an inheritance from the spouse of an heir to avoid the scenario where a child inherits a million rand and 2 months later gets divorced and the spouse claims half of the inheritance (it happens, believe me!).

I would like any inheritance to be any community of property or accrual with the spouse of my heirs.

Some people like to say who should look after their children if they are minors. Remember that this is not binding on the people you nominate as they might not have the means or they might just not want to look after your children! Effectively, all that you are doing is expressing your preference and those that remain will have to deal with the practicalities. If you want to state a preference, please indicate here

 

If you have any queries or other particular instructions, eg burial instructions, funeral arrangements or a wake or please indicate below:

I to donate my organs. 

We may need to 'phone you to clarify some of your instructions.

The best number  to phone me is

The best time to phone is   

Please will you the draft will to me at the following address. (If e-mail, please use )

You need to tell your close family and friends where your will is kept so that they can tell us when the sad (but inevitable!) day arrives. Please give them our contact details if we will be keeping it.

Please will you notify the following people that you have my will

Name Contact details (preferably e-mail address)

It is important to keep your will up-to-date. You don't want to be married with children and your will still leaves all your riches to a long forgotten girlfriend!

Please remind me by  every months to review my will.

I understand that the costs are as follows and that they are payable on presentation of an invoice which will be submitted together with the draft will:-

Drafting where Legal Outsource Services nominates executor no charge
Drafting where Legal Outsource Services does not nominate executor R300.00
Storing where Legal Outsource Services' nominee is executor or co-executor no charge
Storing where Legal Outsource Services' nominee is not executor or co-executor R75.00 per annum
Reminders no charge

You should now print the form before clicking the "Submit" button so that you have a record of your instructions. Also, if the "submit" button doesn't work for any reason, then you can fax it to us on 0866 159 845 and you will not have wasted all of the information.

 

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