ERF0011 Law of Succession- Will and Probate
Draft a last will and testament. Draft a realistic will, not a fictional one. Think about your estate which may include special items of clothing, your favourite books, your game console, your car et cetera.
Answer
Will and Probate
The following project will help in understanding how to draft a Will. The below mentioned Will is a well drafted sample Will of Mr. Rayner Edward York, a resident of South Africa.
Will
My name is Rayner Edward Yor
k, son of Mr. Edward Leeshong York, aged 20 years, residing at 46 Downtown Road, South Africa. I declare that is my last Will and testament. Any Will or codicil made prior or previous to this Will be held as void and null (Boddery 2012). Such Prior Will neither be held lawful or valid nor will be given any effect whatsoever. I declare that I am of legal age to make my own Will and that I am of sound mind and not suffering from any mental disease (Diala 2014). This Will and testament is made by me without any coercion or under undue influence. This Will is made according to the laws of the country and fulfils all legal formalities. This Will is to be treated as my final Will (du Toit 2014).
I am unmarried and have no spouse or any children as successor. I have two sisters, my twin sister is Riche Arlene York and my other sister is Taryn Melissa York. I have one brother named Lyle Linden York. All of us reside with our parents Mr. Edward Leeshong York and Mrs. Arlene Aloma York at 46 Downtown Road, South Africa.
For the purpose of this Will and testament and to fulfill all the required formalities I appoint Mr. Edward Leeshong York as my executor of this Will. As an executor he will have the power to obtain the permission of Court to grant probate of this Will. The executor will also possess the power to distribute the properties as mentioned in the Schedule attached to the Will after paying off any existing debt and funeral charges and expenses. In case of any dispute arising while reading and following this Will the executor will have the power to make the final decision (Fourie and Fintel 2014).
Schedule to the Will
Reference List:
Boddery, S.S., 2012. Electronic Wills: Drawing a Line in the Sand Against Their Validity. Real Prop. Tr. & Est. LJ, 47, p.197.
Diala, A.C., 2014. Reform of the customary law of inheritance in Nigeria: Lessons from South Africa. African Human Rights Law Journal, 14(2), pp.633-654.
du Toit, F., 2014. Testamentary rescue: an analysis of the intention requirement in Australia and South Africa.
Fourie, J. and Fintel, D., 2014. Settler skills and colonial development: the Huguenot wine?makers in eighteenth?century Dutch South Africa. The Economic History Review, 67(4), pp.932-963.
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