FAQs - Page 3 of 9 - Francois Vorster

Q: Can the executor of a will change the contents of the will?

No, the executor of a will does not have the authority to change the contents of the will. The role of the executor is to carry out the instructions and wishes of the deceased person as outlined in the will. It's important to note that the executor has a legal and fiduciary duty to act in the best interests of the estate and the beneficiaries. Any attempt to modify the will or act against its instructions would be a breach of their responsibilities and may have legal consequences. If you have concerns about the actions of an executor or suspect any impropriety, it's advisable to consult with a legal professional who can provide guidance and take appropriate measures to protect your interests.

Q: Can a last will and testament expire?

A last will and testament does not have an expiration date per se. Once a will is properly executed and remains unchanged, it can remain valid indefinitely. However, it's important to keep the following points in mind: Regular review: life circumstances change, and it's advisable to review your will periodically, especially after significant events like marriage, divorce, or the birth of a child. While the will itself doesn't expire, updating it ensures that it accurately reflects your current wishes. Revoking or updating: if you want to make changes to your will, it's best to create a new will or add a codicil (an amendment) to your existing will. This ensures that your revised intentions are properly recorded and reduces the potential for confusion or disputes. Outdated provisions: although the will as a whole does not expire, specific provisions may become outdated or no longer applicable. It's important to ensure that the instructions and distributions mentioned in your will are still relevant to your current circumstances. To ensure that your will remains up to date and reflects your wishes accurately, it's advisable to consult with a legal professional specializing in estate planning. They can guide you on when and how to update or revise your will as needed.

Q: Who inherits when there is no will, in South Africa?

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" hide_on_mobile="small-visibility,medium-visibility,large-visibility" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" border_style="solid"][fusion_builder_row][fusion_builder_column type="1_1" type="1_1" background_position="left top" border_style="solid" border_position="all" spacing="yes" background_repeat="no-repeat" margin_top="0px" margin_bottom="0px" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="no" hover_type="none" min_height="" link=""][fusion_text] When there is no will in South Africa, the distribution of assets is determined by the Intestate Succession Act (act 81 of 1987). The act outlines a standard distribution plan, prioritizing the surviving spouse and children. If there is no surviving spouse or children, the act defines rules for the distribution among other relatives, such as parents, siblings, and more distant relatives. It's important to note that the specific distribution may vary based on the unique family circumstances and the provisions of the act. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Q: What happens if parents pass away without a will?

When parents pass away without a will, their estate is distributed according to the laws of intestate succession. Here's what can happen in such situations: Intestate succession: intestate succession is a legal process that determines how the assets of someone who dies without a will are distributed. In the absence of a will, the south african intestate succession act comes into play. Standard distribution: the act provides a standard distribution plan that typically prioritizes the surviving spouse and children. The spouse may inherit a certain portion, while the remaining assets are divided among the children. Absence of spouse and children: if there is no surviving spouse or children, the act outlines specific rules for the distribution of assets among other relatives, such as parents, siblings, and more distant relatives. Court appointed executor: without a will, there is no named executor to administer the estate. In such cases, the master of the high court appoints an executor to handle the estate administration process. It's important to note that intestate succession may not align with the deceased parents' specific wishes or the family's unique circumstances. Creating a will allows parents to have control over how their assets are distributed and to make provisions for guardianship of their minor children. To avoid potential complications and ensure that your assets are distributed according to your preferences, it's advisable for parents to consult with an attorney specializing in estate planning and draft a comprehensive will.

Q: At what age should you / may you write a will?

You may write a will at the age of 16 or older.

Q: What is an independent witness?

An independent witness refers to an individual who has no personal interest in the contents of your will. When it comes to signing your will, having independent witnesses is important to ensure its validity and credibility. Here's what it means to have an independent witness: Unbiased and neutral: an independent witness is someone who does not stand to benefit from your will or have any conflicts of interest. They should be impartial and not be named as a beneficiary in your will or be closely related to any beneficiaries. Verification and credibility: the role of an independent witness is to observe you signing your will and confirm that it is indeed your signature. By having independent witnesses present, it adds credibility and helps prevent potential challenges regarding the authenticity of your will. Legal requirements: the number of witnesses required may vary depending on your jurisdiction. In many places, including south africa, having two independent witnesses is typically required. These witnesses should be of legal age and mentally capable of understanding the significance of their role as witnesses. By selecting independent witnesses, you ensure that your will is more likely to be accepted as legally valid and accurately representing your wishes. Remember, it's important to choose witnesses who are trustworthy, willing to fulfil their role, and who understand the importance of their impartiality in the process.

Q: Is a handwritten will legally recognised in South Africa?

Yes, in South Africa, a handwritten will, can be legally recognised. This means that you can write your will in your own handwriting instead of typing or printing it. However, there are a few important conditions for a handwritten will to be valid: Entirely handwritten: the entire will, including all its provisions, must be written by hand. You cannot use pre-printed forms or templates for this type of will. Signature and date: you must sign the will at the end and include the date when you wrote it. Your signature confirms that you approve the contents of the will. While a handwritten will can be legally recognised, it's important to note that it may raise challenges if it is difficult to read or if there is any ambiguity in your intentions. Therefore, it's advisable to consult with an attorney who specialises in estate planning to ensure your handwritten will meets all legal requirements and accurately reflects your wishes.