Will & Testament Drafting, Made Easy

We use tailor-made & cutting-edge technology to make the process extremely convenient for you. We can advise on and draft simple to complex wills that meet all your needs.

Contact Us Today!

Toll Free 0800 007 269 (From SA Cellphones and Landlines)
Email: willexpert@companypartners.co.za

Why use us for your will?

We meet you at the convenience of your work or home, during office hours or after hours, to provide a tailor-made Last Will and Testament that suits all your Testamentary needs and wishes.

We use the first of its kind, cutting-edge technology to make the process extremely convenient for you, with the ability to draft simple to complex Wills that meet all your wishes and needs. There is no fee for this and no charge for amendments and safe custody.

You will have an insurance option to nullify the legal costs upon death.

Why do I need a will?

Inheritances

Ensure your inheritances go to the loved ones you intend on benefitting.

Children’s inheritance

Can protect your Children’s inheritance from the Government Guardian’s Fund.

Your wishes

Ensures that your wishes are carried out.

Estate duty

Save on estate duty with proper planning.

Appoint professionals

Appoint professionals to execute your Estate and manage the Testamentary Trust thereafter.

Why use us for your will?

We meet at the convenience of your work or home, during office hours or after hours, to provide a tailor-made Last Will and Testament that suits all your Testamentary needs and wishes.

We use the first of its kind, cutting-edge technology to make the process extremely convenient for you with the ability to draft simple to complex Wills that meet all your wishes and needs. There is no initial fee for this and no charge for amendments and safe custody.

Why do I need a will?

Inheritances

Ensure your inheritances go to the loved ones you intend on benefitting.

Children’s inheritance

Can protect your Children’s inheritance from the Government Guardian’s Fund.

Your wishes

Ensures that your wishes are carried out.

Estate duty

Save on estate duty with proper planning.

Appoint professionals

Appoint professionals to execute your Estate and manage the Testamentary Trust thereafter.

Things to consider when drafting a will

DECIDE WHO YOU WISH TO LEAVE YOUR GENERAL ESTATE TO

This could be your spouse, children, a Trust, family member, or all of the above.

For example, “I wish to bequeath my Estate to my spouse and children equally.”

IS THERE SOMETHING SPECIFIC YOU WOULD LIKE TO LEAVE TO SOMEONE SPECIFIC?

Consider if apart from your general estate, there may be something specific you wish to bequeath to someone or an entity, such as a property, jewellery or cash.

For example, “I wish to bequest my property, ERF245 7 Cassa Brook, Galloway Road, Douglasdale, to my spouse.”

CREATE A TESTAMENTARY TRUST TO PROTECT THE INHERITANCES OF YOUR CHILDREN

It is advisable that you create a Testamentary Trust in terms of your Will to protect the inheritances of children that may be under the age of 18. If this is the case, you must decide the optimum age for the Trust to terminate and your child or children allowed full control of their inheritance.

NOMINATE A GUARDIAN TO LOOK AFTER MINOR CHILDREN

Where you have minor children, you should nominate guardian(s) to care for them should you both, as the natural guardians, pass away. In addition, you will need to nominate the Trustees to their Testamentary Trusts.

CONSIDER AND DECIDE ON THE FOLLOWING:

• Do you wish to be buried or cremated?
• Do you have any other last wishes for your remains?
• Do you wish to be an organ donor?
• Do you wish to have a Living Will?

WHO SHOULD BE THE EXECUTOR OF YOUR ESTATE?

You need to appoint an Executor or joint Executors to wind-up your deceased Estate in terms of your Will.

THE LAST CONSIDERATION IS THE LEGAL EXPENSES BORNE BY YOUR DECEASED ESTATE

These fees include: Executor Fees, Testamentary Trust Fees, Conveyance Attorney Fees and Non Estate Asset Fees.

The above can amount to thousands of Rands that eat up your estate value and that need to be paid from the inheritances you wish to leave to your family and loved ones. This doesn’t account for the ongoing monthly expenses you need to cover such as school fees, medical aid and other insurance policies.

Frequently asked questions

What are the disadvantages of not having a will?
  • The court could appoint someone you do not approve of to be your executor and / or trustee.
  • If you have no immediate or close family, distant relatives, rather than close friends or a life partner, will claim the inheritance
  • Your estate will be dealt with according to rigid and inflexible laws.
  • Your minor children’s inheritance might suffer, since anything they are entitled to receive, will have to be transferred to the Guardian’s Fund in a monetary form, where it will remain until they turn 18. This means that the family home would have to be sold (converted into monetary form), which is quite possibly something you would never have chose to happen.
Can I draw up my own will?

Yes, but there are many legal formalities that should be placed in your Will to protect your assets and your loved ones in the event of your passing that you may overlook. Without these legal clauses included in your Will, your Will can be rendered invalid, a situation that could prove to be costly for your loved ones to rectify through applications to the High Court.

What happens to minors if I don't have a will?

Without the provision of a Testamentary Trust in your Will, if a minor inherits in terms of your Will, their portion of your estate could run the risk of being bequeathed to their nominated Guardian or the Government Guardians Fund. Therefore it is important to ensure that a Testamentary Trust is provided for in your Will where minors may inherit to protect their inheritance until the termination age you decide on.

Do I include all insurance policies in my will?

The proceeds of your insurance policies can only be bequeathed in terms of your Will if these proceeds are payable to your estate. If you have nominated a beneficiary, these proceeds will pay directly to this beneficiary and you cannot revoke the nomination through your Will. The nomination can only be revoked or changed through the company in which your insurance policy is held. If your proceeds are payable to your estate or if you have not nominated a beneficiary on the policy, only then can you include the instruction of these policies in your Will.

I have assets in a foreign country - should I have a separate will?

It is possible to have one Will which deals with your worldwide Estate. However succession law and the procedures which have to be followed with regard to estate administration differ from country to country. It is therefore recommended that a person has a separate Will drawn by an expert in the relevant law of each country where he or she has assets.

What is a testamentary trust, and for what purpose is it used?

If for example you wish to bequeath a share of your estate to a child, but you intend that child only to receive his inheritance when he attains a certain age, then you should provide for this in the form of a Testamentray Trust in your Will. The inheritance concerned will be managed in the interim on that child’s behalf by a suitably qualified and responsible person or persons who are known as Trustees. Your Will will define the terms and conditions on which the trust will operate and the powers which the Trustees will enjoy. Such a trust only comes into existence on your death and then only if the purpose for which the Trust was created exists, for example, if you have stipulated that the Trust must terminate when your child attains the age of 25 years and if at the date of your death your child is over that age, then there is no need for a Trust.

What to consider when nominating an executor?

Nominating an executor in your Will is an important decision to make as the role carries a big responsibility. You may want to appoint your spouse or close family member, but this is in most cases not a good idea – as your spouse or loved one may be emotionally strained and not ready to take on the responsibility of approaching the court and making the necessary financial decisions.

Appointing Capital Legacy as Executor allows you to enjoy efficient, burden-free and compassionate estate administration.

Contact Us

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Call or WhatsApp us:

Toll Free 0800 007 269 (From SA Cellphones and Landlines)
Our WhatsApp number: 071 518 9349 (WhatsApp only)

Head Office:

Company Partners (Pty) Ltd
Suite 102 Hoheizen Park 1
Hoheizen Crescent
Hoheizen, Cape Town
South Africa
7530

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