AFTER marrying Thenjiwe in a traditional customary ceremony, Sipho realised he had to put plans in place to take care of her and their children if he passed away.
He told his family what his last wishes were and hoped they’d ensure Thenjiwe and his children were taken care of.
Azikhiphi!
A verbal will is not valid or binding.
Sipho needs advice on how to make a valid will for his wife and children.
What does the law say?
According to the Wills Act 7 of 1953, a will – also known as a last will and testament – is a document that states what you want to happen to your estate, valuables and personal belongings after your death.
In the document, you’ll name your heirs (people that will inherit), guardian(s) for your minor children and an executor who’ll collect and distribute your assets as described in your will.
Requirements for a valid will set in the Wills Act are:
It must be in writing – handwritten, typed or printed.
The testator (person whose will it is) must sign at the end of the document.
The signing of the will must take place in front of two impartial witnesses.
The witnesses should sign the will in front of the testator.
If there is more than one page, each page should be signed by the testator.
What can Sipho do?
He should have a valid will drafted by a lawyer, bank or responsible person to ensure Thenjiwe and his children are covered.
What can Scorpion do for Sipho?
Scorpion Legal Protection assists on wills by:
Drafting simple wills at no extra cost for all policyholders.
Providing consultations on wills with legal advisors at all Scorpion branches.
Drafting simple wills that don’t require calculations.
Providing legal advice on wills and customary law.
Way forward
Sipho now knows what a valid will is and can approach Scorpion to have a simple one drawn up for him to protect Thenjiwe and his children.
Scorpion can assist policyholders with queries related to wills.
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