A will is the legal document, drawn up during the lifetime of a deceased person, with the express instructions on how his/her estate (all assets and liabilities) are to be dealt with and distributed after passing away (this process is generally referred to as the winding up of a deceased estate).

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Formalities of a will

The Wills Act, 7 of 1953, contains specific requirements which a will must comply with in order to be valid and enforceable. It is therefore very important, when drafting your will, to ensure that it complies with these requirements.

A will also contains a clause nominating (or choosing) a specific person, called the executor, to take charge of the winding up of the deceased’s person’s estate.

Much consideration is needed when choosing an executor, since the executor will have to be knowledgeable in the process (and legal requirements) of winding up deceased estates, have strong administrative skills and also the necessary compassion to distribute the estate, according to the deceased’s wishes as expressed in the will, with the necessary sensitivity.

Attorney’s Involvement

If the deceased has chosen a family member or friend, who does not have the said skills and knowledge, to be the executor, the executor is best advised to appoint a person, like an attorney, with these skills and knowledge to act as his/her agent and wind up the estate on his/her behalf.

VanderSpuy Cape Town has a qualified team dedicated to wills and deceased estates who can draft your will and ensure that it complies with all the legal requirements of a valid will. We also possess the necessary knowledge, skills and experience to act as executor or executor’s agent to wind up your estate according to your wishes and to transfer your assets to your heirs, while your family is left to focus on the things that matters most.

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