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6 clauses · A4

Last Will and Testament

Republic of South Africa

………

I, the undersigned, ……… (…………) Unmarried in accordance with the laws of South Africa and currently residing at ………

1

I hereby revoke all Wills, Codicils, and testamentary dispositions made by me previously either jointly or separately and declare this to be my Last Will and Testament.

2

Preventing bequest or legacy from falling into joint estate - Any property or income devolving upon any beneficiary under this will, subject to the terms of this will, shall become his/her own as free and unencumbered property whether or not he/she is married or will marry in community of property. Such property or income shall be excluded from any community of property or any community of profit or loss or any accrual in terms of the matrimonial laws of the country. Should his/her estate become insolvent then, subject to the provisions of the Insolvency Law or any other statute, such property or income shall not vest in his/her trustee.

3

Collation - I direct that any of my heirs/legatees need not collate any of the gifts or sums of money they received from me during my lifetime, and I remit collation so far as they are concerned.

4

Inheritance protected from falling into the estate of an insolvent beneficiary- 4.1 No inheritance bequeathed to any beneficiary in terms of this will shall be attached by any creditor of such beneficiary, if it be any right other than the contingent of a fideicommissary, heir or legatee, shall it vest in their trustee in insolvency. Should any beneficiary be declared insolvent or assign their estate in favour of their creditors, then the inheritance of such beneficiary under this will shall immediately and entirely thenceforth cease and determine and shall thereupon devolve upon and vest in such descendants of the aforesaid beneficiary who have inherited in intestacy. 4.2 Should any beneficiary be declared insolvent or assign their estate in favour of their creditors, then my trustees, shall hold in trust for the lifetime of the beneficiary concerned, the inheritance to which they would but for the provisions of this clause, have been entitled and shall be empowered, in their absolute discretion, to pay to them and their dependants for their maintenance such portion of the income accruing from their inheritance as my trustees shall, in their absolute discretion, deem fit, and upon the death of such beneficiary the said inheritance shall devolve upon the testate heirs of such beneficiary.

5

Disputes subject to arbitration - Any dispute amongst any officials appointed in terms of this Will and/or heirs, or any of them, shall be referred to arbitration. The arbitrator must be an advocate of bar. Should the parties fail to agree which advocate must be appointed as arbitrator, the chairman or the acting chairman of the bar shall make the appointment. It is my wish that all arbitration proceedings shall, if at all possible, be informal with all parties to the dispute appearing personally and without legal assistance. The arbitrator’s decision shall be final, and he is authorised to make such order as to costs as he may deem just and equitable.

Executed at …………,

on the … day of … 20…

Testator

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  • Marital panel: your residential address is required.
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