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Will Questionnaire Guide
What is a Will?
A document in which a person sets out his or her wishes in relation to certain matters which are to take effect on his or her death.
What assets can a Will dispose of?
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A person may by his Will dispose of all property which he or she is beneficially entitled to at the time of his or her death.
Why make a Will?
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It allows an individual to provide for the devolution of his or her property by means of a clear legal document according to his or her wishes and prevents any unintended succession or tax consequences.
When does a Will take effect?​
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Upon the death of the testator.
How do you revoke a Will?​
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i) by making a new Will
ii) by getting married (this revokes the original Will)
iii) by destroying the Will (if a testator decides to destroy a Will a record of his
intention should be communicated to a solicitor to avoid any confusion)
iv) a testator can revoke a Will at any time before death.
What is an Executor?​
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An executor is a person(s) named in a Will to manage and distribute the deceased’s estate according to the Will’s instructions.
What is a Legal Right Share?​
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If the testator leaves a spouse and no children, the spouse shall have a right to one half of the estate. If the testator leaves a spouse and children, the spouse shall have a right to one third of the estate.
Can a child of a testator challenge a Will?​
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Yes, where an application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his Will or otherwise, the court may order that such provisions shall be made for the child out of the estate as the court thinks just.
What happens to a person’s estate if there is no Will?​
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The deceased’s assets are distributed according to the Rules of Intestacy as set out in the Succession Act 1965.
Once a testator dies can the executor use the Will to vest the assets of the estate
in the beneficiaries?​
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The executor will first have to “prove” the Will or validate the Will through the High Court. Typically this involves obtaining a Grant of Probate from the Probate Office.