Free Wills, store-bought Wills and invalid Wills

1. Are Free Wills advisable?

The Legal Profession is taking great strides in making Wills accessible to the public at large and in doing so run an annual Free Wills Week, or offer the drafting of free basic Wills at various Clinics or pro bono offices. These are usually done with the good intention of simply making the privilege of having a professional Last Will and Testament accessible to all South Africans. These Wills, offered by the legal sector, are of great benefit to the public and you can therefore make use of the service if your unable to afford a Will.

However, as with any Will, read and re-read the Will after it has been drafted to ensure that at least:

• the Executor (and Alternate Executor) reflected is the person of your own choosing;
• the estate does indeed devolve according to your express intentions and wishes and that there are no errors or uncertainty concerning this.

It is important to bear in mind that you are free to consult with a professional for a second opinion regarding your Will if you are unsure of any of the clauses or if you would prefer any changes (these consultations and changes may attract a fee).

2. Are store-bought Wills advisable?

If you find yourself in a desperate situation then a store-bought or even hand-written Will could suffice, if it complies with all the statutory requirements (See the Wills Act 7 of 1953). However, do keep in mind that the Master and the Courts are not obliged to accept a Last Will and Testament, especially if any of the requirements for validity are overlooked or not adhered to. It is a good idea to get your Last Will and Testament drafted and tailor-made professionally for you if at all possible.

It is good Estate Planning to draft your Will as early as possible in your adult life though, in order to avoid crisis drafting and stress.

3. What happens if a Will is regarded as invalid by the Master or if it is contested?

If a Will is regarded as invalid by the Master, or if it is contested, you would have to proceed by application to Court to have the Will declared valid and for the Master to be directed to accept the Will for the purposes of the Administration of Estates Act 66 of 1965. This can be an expensive exercise as it would have to be brought to a High Court, and if the matter is opposed it can become a lengthy process.

The drafting of a professional Last Will and Testament is a vital part of Estate Planning and an invaluable investment in giving voice to your intentions regarding the administration and distribution of your Estate.

Disclaimer: the information contained in this article is educational and not intended as legal advice. You should contact an Attorney for advice and assistance pertaining to your Will and your specific circumstances.