The freedom your final wishes grant

Whether we’re old or young, single or in a relationship, rich or poor – all of us should have a valid last will and testament.

If you die without an authentically executed will, the chances are you’ll die intestate. This doesn’t mean your assets will be forfeited to the State. Rather, you forfeit the freedom of deciding who inherits what, who’s your executor and who administers your minor children’s inheritances.

SA law recognises the “freedom of testation” principle: A person who executes a will has the freedom of ability to, among other things, nominate any person and/ or institution to act as the executor of the estate and trustee of any testamentary trust created in terms of that will; as well as nominate any heir to the assets that form part of the deceased estate. You’re also allowed to express your particular wishes on matters like cremation, organ donation and being kept on lifesupport (“living will” concept).

However, the above principle is restricted. Any nomination of executor, trustee and heir, as well as your wishes regarding cremation etc, can’t be illegal, undue or against society’s generally accepted moral values. If they are, your will could be invalid, which may result in the Intestate Succession Act’s provisions being applicable when your estate must be wound up.

Here are some important guidelines to follow when considering your will.