YOUR PERSONAL DETAILS (Testator)

This is the formal start of your will. Please provide your full legal name, ID number, and current residential address.

I, , ID Number , residing at , being over the age of sixteen (16) years and of sound mind, hereby declare this to be my Last Will & Testament, which expresses my wishes freely and voluntarily.

1. Revocation of Previous Wills

This is a standard legal statement to ensure that this new Will is the only valid one and any old wills are cancelled.

I hereby revoke all previous wills and codicils made by me.

2. Appointment of Executor

Choose a trusted person (or a professional like an attorney – you can appoint Capital Trust as your executor?) to be your executor. They are responsible for managing your estate, paying debts, and distributing your assets according to your wishes.

3. Guardianship of Minor Children

If you have minor children (under 18), name the person you trust to be their legal guardian if you and your co-parent both pass away.

4. Testamentary Trust for Minor Beneficiaries

This is a special trust created in your will to manage the inheritance for any minor beneficiaries until they reach a specified age (e.g., 25). It helps protect their assets if you and your co-parent both pass away.

5. Specific Bequests

Use this section to list specific, individual items you want to leave to a particular person, such as a piece of jewellery, a car, or a painting.

6. Residue Clause

The “residue” is everything left in your estate after all specific gifts, debts, and taxes have been paid. This clause names who will receive that remainder.

7. Pet Provision

This is a specific clause to name a trusted person who will take care of your pet(s) after you pass away, and to provide funds for their care.

8. Digital Assets

This clause gives your executor the specific legal authority to access and manage your online accounts, social media, emails, and other digital property.

9. Funeral & Burial Wishes

State your personal wishes for your burial or cremation. This is not legally binding but is a strong guide for your family and executor.

10. Business Interests

If you own any part of a business, this clause gives your executor the power to manage, sell, or continue that business after your death.

11. No-Contest Clause

This is a deterrent to prevent beneficiaries from challenging your will. It states that if they challenge it without a valid reason, they will lose their inheritance.

Any beneficiary who challenges this Will without reasonable cause shall forfeit their inheritance, which will then fall into the residue of the estate.

12. Foreign Assets

If you own property or assets outside of South Africa, this gives your executor the power to get legal help in those countries to deal with those assets.

13. Marriage Regime Acknowledgement

This section confirms your marital status and how your assets are legally handled under South African law (e.g., “in community of property”).

14. Survival Clause

This is a safeguard that requires a beneficiary to survive you for a certain number of days (e.g., 30 days) to be able to inherit. This prevents an inheritance from going to someone who dies shortly after you.

15. Codicil & Amendments

This is a reminder that if you want to make changes to your will later, you must do so with a formal amendment (called a codicil) or a new will, signed correctly according to South African law.

Any changes, additions, or revocations to this Will must be made by a duly signed codicil or by a new Will, signed in accordance with South African law.

16. Attestation Clause

This is the final section where you and your witnesses will sign. The date and place of signing are important legal details.

Witnesses declare that the testator appeared to be of sound mind and signed voluntarily: