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Last Will and Testament

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In order to ensure that a deceased's property is disposed off in terms of his/her wishes, it is vital to have a valid will. In the absence of a valid will, the deceased's assets will be administered in accordance with the provisions of the Intestate Succession Act 81 of 1953. Wills are only valid if executed in accordance with the formalities prescribed by the Wills Act 7 of 1953 and must be made voluntarily, with the clear intention of constituting a testamentary document.

A will is valid if signed at the end thereof by the testator, in the presence of two or more competent witnesses, present at the same time, and if it consists of more than one page, each page other than the page on which it ends, is also signed by the testator.

As there are numerous complex issues, other than the mentioned formalities, to consider when making a will, it is advisable to consult an expert to assist in the planning, drafting and execution thereof.

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