A will is a formal, signed, written document, in which the deceased (now referred to as the testator) voluntarily sets out their instructions in unambiguous terms as to how their assets are to be “passed down” or inherited following their demise. 

Our Constitution (at Section 25 of the Constitution) gives us all what is known as “freedom of testation”.  It grants a testator extensive power to draft a will which directs how his or her estate’s assets must be distributed upon death.

Find comprehensive answers to some of the most popular questions regarding wills, trusts and estates in South Africa and how the legal framework is set up locally.

Before a Conveyancer may proceed to transfer a property from an estate to an heir the following information must be ascertained.

The simple answer is no. Documents that are going to be used for overseas purposes, be it for an individual or company, can only be signed before a notary public.