Free Online Will Application | Nesher Investments

Is this a Single or Joint Will?

Single (for one person only) Joint (for people who share inheritable property)

A Single Will documents the wishes of one person on the distribution of their property (Estate) after death.
A Joint Will is the Will of two or more people with a relationship and/or property in common.
Joint-Wills are typically established between married couples or life partners (in common-law relationships), but this is not a legal requirement.
There is almost always a desire by the parties to a Joint-Will to benefit whoever survives the other(s) in case of the death of one or more of the parties.
A Joint-Will must provide for a bequest of the Estate upon the first party's death, a bequest of the Estate upon all parties' death and a bequest of the Estate of the surviving party(ies) death should they die without having revised/made a further Will.
A Joint-Will is perfectly legal and valid provided these stipulations are met.

Testator/Testatatrix's personal details

First Name Last Name ID No. Mobile No. Work Phone e-Mail Name of Employer Occupation

How are you employed?

Permanent (full-time) Non-Permanent (part-time) Self-employed Not employed

Marital Status

Not married: Single Not married: Co-habiting - Common law spouse Not married: Co-habiting - Ante-nuptial contract without accrual Not married: Co-habiting - Ante-nuptial contract with accrual Married: ANC - Ante-nuptial contract without accrual Married: ANC+ - Ante-nuptial contract with accrual Married: In community of property

Intended Funeral Arrangements

Burial Cremation Organ Donor

Partner / Spouse's personal details

Date of marriage First Name Last Name ID No. Mobile No. Work Phone e-Mail Name of Employer Occupation

How is your spouse/partner employed?

Permanent (full-time) Non-Permanent (part-time) Self-employed Not employed

Spouse/Partner's Intended Funeral Arrangements

Burial Cremation Organ Donor

Residential Address

Address Address line 2 City Province Postal Code

Children

Please provide full details of all children, including legally adopted children, offspring of children who may have passed or grand-children should you wish to include them as heirs.

Assets & Liabilities

Asset refers to something with value owned by you that will form part of your total Estate value.
Liability refers to a value that you owe to someone else and that will be deducted/paid from your total Estate.
Some things could be both - For instance a Vehicle or House that was bought with finance. The Vehicle/House itself will be an asset (for its full value), but at the same time the mortgage/lease/loan/finance obtained is still owed to the Bank and is a liability (for its remaining value). Show these separately.
Use Positive values for Assets, and Negative values to indicate Liabilities.

Beneficiaries

Family Obliteration

What should happen in the event of family obliteration? (where the whole family dies in the same event/time-frame, i.e. before this Will can be executed)

Additional special requests regarding Will execution

If South-African law applies to your Estate, you have complete freedom to leave your assets to whomever you choose. However, the "Maintenance of Surviving Spouses" Act entitles a spouse who has not been adequately provided for in the Will of his/her predeceased spouse's Estate, to claim, in certain cases, maintenance benefits from the Estate.
In addition, a parent has to provide for the maintenance of his/her dependent children and, if no provision for this is made in the Will, the child(ren) concerned may claim such from the Estate.
Note also that a surviving spouse might have a claim against the Estate of the deceased by virtue of the law governing the marriage or the stipulations of an ante-nuptial contract.
Spouses married in "community of property" have a right in law to claim one half of the net value of their joint Estate.

Executor of your Estate

The executor of your Estate must administer your Estate in terms of the "Administration of Estates Act" (Act 66 of 1965), and any other relevant Acts, and execute your Estate in accordance with the stipulations of your Will (or Intestate Succession Act, when applicable) under supervision of the Master of the High Court. The executor is the company, firm or person appointed by you in your Will. For a Joint Will, the surviving partner is typically appointed as the executor and in practice will obtain the services of an agent (attorney, company, firm or person) to assist in the process.
The appointment of an executor is a big responsibility. You may appoint your spouse or partner, but this is not a good idea in most cases since a spouse or partner is mourning the death of a loved one and therefore typically emotionally preoccupied and not fully able to make sound financial decisions. Without the necessary knowledge, your spouse or partner will also not know where to get the best advice or service, and may be exposed to someone serving their own interests which may lead to Estate funds channelled to unwanted destinations.

Would you like us to appoint an executor for you?

Yes No

Executor details

First Name Last Name Mobile No. Work Phone e-Mail

Executor Comments

What should be the course of action in case the executor is not available at time of death? We can appoint one.