Investor Presentaiton
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Creation of a WILL
Testamentary capacity applies (18 years,
sound mind, etc);
what he owns
A person can only give what he
(properties, chattels etc)
Properties subject to mortgage/contingencies?
There is no particular format for wills.
A will should be done anytime before death
A Will can be used:
To devise or bequeath property to
person;
To appoint person to manage estate;
To avoid dispute;
❖To make appointments.
A will may be done by a lawyer or by self
provided it complies with law.
FORMALITIES FOR A WILL
• Writing: A WILL must be in writing, signed and
witnessed by two.
Signature: The will must be signed by the testator
or by some other person at his discretion. The
signature of the testator must be written animo
testandi.
"Signature" includes the making of a mark and of a
thumb print. (Interpretation Act, 2009, Act 792)
Witnesses: The WILL must be witnessed by at
least two persons.
The signature of the testator shall be acknowledged by
him in the presence of two or more witnesses present
at the same time.
A gift to a witness is void unless the will is executed
without his attestation and without that of any other
such person.
Attestation: The witnesses are required to attest and
sign the will in the presence of the testator, but no form
of attestation is necessary.
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