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Thread: JOINT WILL FORMAT

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    Diamond Member Vanash Naick's Avatar
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    JOINT WILL FORMAT

    Hi Guys,
    1. Find attached a joint will format that you can use;
    2. One must never lose sight of the fact that a will is a highly individualized/customized document, it must meet your specific requirements;
    3. This joint will format does not take into consideration minors(children under the age of 18) in which case you will have to appoint a trustee and a few clauses related to the powers of such trustees;
    4. A joint will can be used for people married in community of property, out of community of property or not married at all. The legal principal of massing takes effect here where you effectively mass your individual estates into one
    5. In short the legal requirements for a valid South African Will are: 1. The will must be in writing, this means that it may be hand written or typed, 2: the testator/testatrix must sign at the end of the will, should the will consist of more than one page the testator/testatrix must sign at the end of each page;3: The testator/testatrix must sign the will in the presence of at least two competent witnesses who are present at the same time; 4: The witnesses must sign the last page of the will in the presence of the testator/testatrix and in the presence of each other.
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    wynn (13-Feb-12)

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    Diamond Member Vanash Naick's Avatar
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    The two pieces of legislation that govern of aspects of wills are: 1: Wills Act 7 of 1953(explains what makes a valid South African Will) and the Administration of estates act 66 of 1965(explains what must be done and how it should be done after the person dies, how to administer a deceased estate). The following assumes that you live south of Johannesburg!

    1. Take the original Will; Completed Death notice(form J294); Acceptance as executor form in duplicate(complete two(2) J190 forms), certified copy of marriage certificate and certified copy of death certificate to The Master of the South Gauteng High court within fourteen(14) days of the death.

    The estate of a deceased person must be reported to the Master
    (that has jurisdiction) within 14 days from date of death. The death is to be reported by any person having control or possession of any property or document that is or intends to be a will, of the deceased.
    2. Take the above mentioned documents to:
    Master of the South Gauteng High Court, Johannesburg
    66 Marshall Street, Hollard Building, cnr Sauer & Marshall streets, JHB
    Tel: 011 - 429 8000/8004
    Fax: 086 679 6362
    Postal Address: Private Bag X5, Marshalltown, 2107

    3. The following are the total amount of forms that you are to complete and submit to The Master of the High Court( The Court will send you written correspondence of what form is required next

    (A) Where the value of the estate exceeds R125 000,
    the following reporting documents will be required:
    • Completed Death Notice form – J294
    • Original or certifi ed copy of the Death Certifi -
    cate
    • Original or certifi ed copy of Marriage Certifi cate
    (if applicable)
    • All original wills and codicils or documents
    intended as such (if any)
    • Next-of-Kin Affi davit – J192 (if the deceased
    did not leave a valid will)
    • Completed Inventory form - J243
    • Nominations by the heirs for the appointment of an executor in the case of an intestate estate or where no executor has been nominated in the will, or the nominated executor has died or declines the appointment.
    • Completed Acceptance of Trust as Executor forms – J190 in duplicate by the person(s) nominated as executor(s)
    • Undertaking and bond of security – J262 (unless the nominated executor has been exempted from providing security in the will, or is the parent, spouse or child of the deceased)






    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com
    TFSA Disclaimer
    Local Music with a grassroots touch


  4. Thanks given for this post:

    wynn (13-Feb-12)

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