LAST WILL AND TESTAMENT
I, the undersigned,
Full names of the testator: ________
Identity number of the testator: ________
Residential address of the testator: ________
Marital status and property regime: ________
declare this to be my last will.
1. REVOCATION
I revoke all previous wills, codicils and other testamentary writings made by me, whether alone or jointly with any other person, except any will made by me that deals only with my assets outside the Republic of South Africa.
2. Executor
As executor of my estate I nominate:
Full name of the executor: ________
Identity number of the executor: ________
Residential address of the executor: ________
If that person dies before me, declines the appointment, or is unable or ceases to act before my estate has been fully administered, I nominate in his or her place:
Full name of the alternative executor: ________
Identity number of the alternative executor: ________
Residential address of the alternative executor: ________
3. Security
No executor appointed under clause 2 is to be required by the Master of the High Court to furnish security in terms of the Administration of Estates Act, 1965 (Act No. 66 of 1965).
4. POWERS OF MY EXECUTOR
My executor will have all the powers allowed by law. In particular, my executor may sell, lease, mortgage or otherwise deal with any movable or immovable asset of my estate, by public auction or private treaty and on such terms as my executor thinks fit, without the consent of my heirs or an order of court.
5. LEGACIES
I leave the following legacies:
5.1 a cash legacy of
Specific cash bequest amount: ________
to:
Full name of the cash legatee: ________
Identity number of the cash legatee: ________
Residential address of the cash legatee: ________
5.2 my immovable property (or, if that property forms part of a joint estate in community of property, my half share in it) at
Physical address of bequeathed immovable property: ________
Erf or title deed description of bequeathed immovable property: ________
to:
Full name of property legatee: ________
Identity number of property legatee: ________
The property passes free of any mortgage bond or other encumbrance, and any amount owing on the bond must be paid out of the residue of my estate.
6. Residue
The residue of my estate, wherever situated (other than assets disposed of by a will referred to in clause 1), goes to:
Full name of sole residual heir: ________
Identity number of sole residual heir: ________
Residential address of sole residual heir: ________
Should that heir die before me, fail to survive me by ________ days or repudiate the inheritance, the residue will go instead to:
Full name of substitute residual heir: ________
Identity number of substitute residual heir: ________
Residential address of substitute residual heir: ________
7. TRUST FOR MINORS
Any benefit under this will that vests in a beneficiary under the age of ________ years will not be paid to that beneficiary's guardian or into the Guardian's Fund. It is to be held in trust instead by:
Full name of testamentary trustee: ________
Identity number of testamentary trustee: ________
If that person dies before me, declines the appointment, or is unable or ceases to act, I appoint as trustee in his or her place:
Full name of alternative testamentary trustee: ________
Identity number of alternative testamentary trustee: ________
No trustee is to be required to furnish security to the Master.
My trustee may invest the trust capital in such investments as the trustee deems fit, and shall apply the income, and so much of the capital as may be needed, for the maintenance, education and welfare of the beneficiary. On reaching that age, the beneficiary is entitled to receive whatever capital remains.
Note: If no beneficiary is likely to be a minor, replace the text of this clause with the words "Not applicable" rather than deleting it, so that the numbering stays intact.
8. Exclusion from community and accrual
Every benefit under this will is excluded from any community of property, and from the accrual system under the Matrimonial Property Act, 1984 (Act No. 88 of 1984), in any present or future marriage of the beneficiary. It remains the separate property of the beneficiary and is not subject to the claims of a spouse or a spouse's creditors.
9. GUARDIAN
Should my spouse or the other parent of my minor children die before me, or be unable to exercise parental responsibilities and rights in respect of my minor children (including any child adopted by me), I appoint as guardian of those children:
Full name of legal guardian: ________
Identity number of legal guardian: ________
Residential address of legal guardian: ________
The guardian need not furnish security to the Master.
Note: Under the Children's Act, 2005, a guardian appointed by will acts only if the testator was the sole guardian of the child at the time of death.
10. Collation
None of my heirs or legatees need bring into collation any gift, advance or other benefit I gave them during my lifetime; all such benefits are to be treated as outright donations.
11. DEBTS AND TAXES
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12. Applicable law
This will is to be interpreted in accordance with the law of the Republic of South Africa.
Place of signature: ________
Date of execution: ________
Signature of testator: ________
TESTATOR
Full names of the testator: ________
AS WITNESSES
Signed by ________ as the testator's last will in our presence, both of us being present at the same time, and signed by us in the presence of the testator and of each other. Neither of us is an executor, trustee, guardian, heir or legatee under this will, or the spouse of any person appointed or benefiting under it.
FIRST WITNESS
Signature of first witness: ________
Full name of first witness: ________
Identity number of first witness: ________
Residential address of first witness: ________
SECOND WITNESS
Signature of second witness: ________
Full name of second witness: ________
Identity number of second witness: ________
Residential address of second witness: ________
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