Pitfalls

How sure am I that my carefully drafted Will won’t be declared invalid?

“If you think small things don’t matter, try spending the night with a mosquito.” – Dali Lama

Too often it’s the little things that trip you up. The Master’s Office, already under-resourced, spends much of its time dealing with family feuds —typically because a loved one has passed away without a valid Will. The Master’s office adhere strictly to a checklist to determine a Will’s validity. If your Will doesn’t meet every requirement, it is simply declared invalid.  This necessitates a High Court application to have it validated and it’s not always successful.

Below are a few common mistakes that you could be making.

Is your signature too far from the last paragraph?

A small gap could cost your heirs dearly. In Kidwell v. Master of the Supreme Court, a Will was declared invalid because the testator signed 9 cm below the final paragraph. Would your family be able to afford a costly High Court application just to validate your Will?

Did your son- or daughter-in-law witness your Will?

If your child’s spouse was a witness, your child could be disqualified from inheriting under the Wills Act. Are you certain your witnesses have no vested interest in your estate?

Could one of your Wills accidentally cancel the other?

If you have an offshore and local Will, have you checked that one doesn’t unintentionally revoke the other due to a poorly worded revocation clause?

Would your Will still be valid if your health declines?

Did you know that if someone is diagnosed with a condition like

Alzheimer’s, they may no longer have the legal capacity to draft a valid Will? In such cases, their last legally sound Will is the one that will stand.

Is a joint Will really the best option for you?

While not a validity issue, it’s important to consider. A joint Will may seem like a convenient solution, but what happens if, unbeknown to you, the Will lodged on the first dying at the Master’s Office (where it remains) gets lost and you die intestate?

Final Thought

Don’t let simple mistakes or outdated documents derail your wishes. When was the last time you reviewed yours? Speak to us.