Fanus Jonck explains why and when one should have a South African will

28/06/2017
| By Sue-Ann de Wet

Will

It is not just South Africans who need a will dealing with their South African assets, but also non-residents with South African assets. It is in fact advisable for everyone to have a will in each country where one has assets dealing specifically with the assets in that country.

This is because different countries have different laws on inheritance. It is also advisable if one has a property in for example, Russia or France, to have a will in the language of that country.

My advice is for South African wills to be drafted in English. You could also draft it in Afrikaans of course, but remember that not everyone at the Master’s office understands Afrikaans fully. Rather err on the side of caution and draft it in English.

I suggest that you also mention in your will if you specifically prefer to be buried or cremated, as this is often a question that arises after death.

Please stipulate to whom an inheritance should go if the beneficiary were to die before you (or at the same time as you).

The Master will appoint only a South African person, that is living in South Africa, and who has experience in winding up estates as executor.

You are welcome to contact Fanus Jonck [fanus@jonck.net] for advice on wills, inheritance and the tax implications thereof.

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