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What happens when you die without a will in place?

Bothas Incorporated is participating in National Wills Week

DRAWING up a will is important to take care of loved ones you leave behind in the event of your death.

In the event that you die without a will, your estate will be distributed in terms of the law of intestate succession.

In simple terms, this means beneficiaries you may never have wished to inherit might benefit, while those you care for and would want to benefit might be left with no legal entitlement to your estate or assets.

Obtaining legal expertise to help you draw up a will

At Bothas Incorporated, we have the necessary legal knowledge and expertise to draw up your will. Our attorneys’ expertise will ensure your will is clear, concise, and reflects your true intentions. You don’t want an unnecessary error rendering your will invalid.

Keep these basics in mind:

  • A South African will must be drawn up in accordance with the Wills Act of South Africa
  • A will must be in writing. This means no oral wills or video recordings are valid
  • The will must be signed by the testator on each page, as well as on the last page
  • The testator should sign the will in the presence of two or more witnesses. These witnesses should be at least 14 years old and competent to give evidence in court. It is not required that the witnesses know the content of the will, just that they are witnessing that the document is the testator’s will
  • The witnesses may not be executors or beneficiaries of the will
  • In your will you also appoint an executor/executrix who will be entrusted with ensuring that your assets are distributed to your heirs as per your last wishes.  It is important that you not only appoint a person whom you trust to act as your executor / executrix, but also that you free them from having to provide security to the Master’s office in doing so.

For more information, contact Bothas Incorporated on 035 7922011 or visit 7 Addison Street, Kingfisher Court, Empangeni.

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Mari Scott

Mari is a talented writer and media expert with 20 years’ experience in the industry. She has worked as an editor, journalist, proofreader and digital content curator. She is equally comfortable in the newsroom, working on hard-hitting, objective stories, and in the advertising department where she skilfully crafts B2C content for local businesses. She holds a BA Journalism degree.
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