A Last Will, also called a Last Will and Testament, is a document in which a person records what should happen to their estate after death. The person making the will is called the testator.
In South Africa, the Wills Act 7 of 1953 sets the formal requirements for a valid will. A will commonly identifies beneficiaries, deals with how assets should be distributed, nominates an executor and may include other provisions, such as a testamentary trust for minor beneficiaries or the nomination of a guardian for minor children. The testator nominates the executor in the will, but the Master of the High Court formally appoints the executor after death.
The word “last” does not necessarily mean that the most recently dated document automatically replaces every earlier testamentary document. A later will can expressly revoke an earlier will, while later provisions can also replace earlier provisions that are inconsistent with them. In some circumstances, more than one testamentary document, such as a will and a codicil, must be read together to determine the testator’s final wishes.
See also: What is another name for the Last Will? | What are the requirements of a valid will?
Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.