Estate Planning: Drafting a Valid and Practical Executable Will Self-Study Course

This session sets the foundation for effective estate administration by showing how a properly drafted will can prevent uncertainty, disputes, delays and unnecessary costs after death.

Learning outcomes

By the end of this session, learners should be able to:

explain why a valid will is central to estate planning and administration;

identify the statutory formalities for a valid will;

understand who may make, sign and witness a will;

recognise common drafting mistakes that create problems for executors and the administration process;

advise clients on regular will reviews and asset record-keeping;

understand the impact of marriage, divorce, annulment and life changes on estate planning

Key topics

• Purpose and importance of a will
• Testate versus intestate succession
• Competency to make a will
• Requirements for signing and witnessing a will
• Statutory formalities under section 2 of the Wills Act 7 of 1953
• What happens when a will does not comply with formalities
• Court’s powers condonation under section 2(3) of the Wills Act
• Effect of divorce or annulment on a will
• Executor nomination and practical drafting considerations
• Bequests, heirs, legatees and residue clauses
• Cremation, burial wishes and organ donation instructions
• Why clients should review wills and asset lists annually