A Last Will and Testament is one of the most important legal documents an individual can prepare. It provides clear instructions regarding the distribution of assets, the appointment of an executor, and other personal wishes upon death. Failure to have a valid will can result in unintended consequences, delays, and the application of intestate succession rules. This practical course examines the legal requirements for creating a valid will under the Wills Act 7 of 1953, including competency requirements, signing formalities, witness requirements, and the impact of life events such as divorce. Participants will also explore practical estate planning considerations, including asset inventories, cremation and organ donation wishes, and the circumstances under which a court may condone a will that does not comply with all statutory formalities.

Key topics: 

• Preparing a legally valid Last Will and Testament 
• Correct execution and signature requirements for a Will 
• Who has the legal capacity to make a Will 
• How divorce or annulment may affect an existing Will, including the three-month period  
• The importance of reviewing and updating a Will on an annual basis 
• Keeping an up-to-date record of assets to support effective estate planning 
• Addressing wishes relating to cremation and organ donation 
• Understanding who may legally act as a witness to a Will 
• Formal requirements for a valid Will in terms of section 2 of the Wills Act 7 of 1953 
• Dealing with a Will that does not meet the prescribed formalities, including an application to court under section 2(3) of the Wills Act 7 of 1953.
  

• Estate Planning Practitioners
• Fiduciary Practitioners
• Attorneys and Candidate Attorneys
• Executors and Prospective Executors
• Financial Planners and Wealth Advisors
• Accountants and Tax Practitioners
• Trust Officers and Estate Administrators
• Business Owners
• Individuals wishing to draft or update their wills
• Anyone involved in estate planning or deceased estate administration