Legal FAQ
Why is it essential to have a professionally drafted will rather than a DIY or “free” will?
A professionally drafted will ensures full compliance with the Wills Act 7 of 1953, prevents invalidation, and incorporates tax-efficient structures. DIY wills often fail formalities or create unintended intestacy, leading to costly disputes and delays for your family.
What is difference between testate and intestate succession?
Testate succession follows your valid will. Intestate succession applies when there is no will or it is invalid, distributing assets according to the Intestate Succession Act 81 of 1987 in a fixed order (spouse, descendants, parents, etc.).
What factors increase the cost of a will?
Complexity such as testamentary trusts, business interests, international assets, blended families, or special-needs beneficiaries.
What formalities are required for a valid will in South Africa?
The will must be in writing, signed by the testator in the presence of two competent witnesses, and comply with all requirements of Section 2 of the Wills Act.
Does Meiring Attorneys act as executor of estates?
No. We focus exclusively on drafting wills and estate planning advice. You retain full freedom to appoint your preferred executor.
Can I change my will after it has been signed?
Yes. A codicil or new will can amend or revoke the previous document. We recommend regular reviews (every 3–5 years or after major life events).
Can I disinherit a child or spouse?
Freedom of testation allows broad discretion, but certain maintenance claims (e.g., surviving spouse or minor children) may still apply under the Maintenance of Surviving Spouses Act.
What is a testamentary trust and when should I consider one?
A trust created in your will to manage assets for minors or vulnerable beneficiaries. It provides protection, controlled distribution, and potential tax advantages.
What is estate duty and how can it be minimised?
Estate duty is levied at 20% on the dutiable amount above R3.5 million (primary rebate). Strategic planning through wills, trusts, and life insurance can significantly reduce the burden.
How does marriage affect my will?
Marriage in community of property or out of community impacts asset division. A new will is advisable after marriage, divorce, or changes in matrimonial regime.
What is the effect of divorce on an existing will?
Under Section 2B of the Wills Act, divorce automatically revokes any bequest to a former spouse unless the will expressly provides otherwise.
What is freedom of testation and are there limits?
It is your constitutional right to dispose of your assets as you wish, limited only by public policy, maintenance claims, and statutory restrictions.
What is the nasciturus fiction?
It protects the interests of a child conceived but not yet born at the time of the testator’s death, treating the child as if already born for inheritance purposes.
How does a will interact with life insurance or retirement funds?
These are governed by separate nomination forms; your will cannot override beneficiary nominations unless specifically structured.