Using an online will service to draw up a will is quick, easy and inexpensive, but is not a substitute for consulting an attorney or financial planner who can ensure your will is properly drafted and executed.
It is possible to write down what you wish to leave to whom after your death on the back of a serviette, but the devil is in the detail and little technicalities such as too much space between the end of the will and your signature can render a will invalid.
Home-made wills are those that most often end up in court, which takes time and money, says James Faber, a lecturer in private law at the University of the Free State. But as for making use of online will services to draft your will, experts say although this is not first prize, it has a place.
Faber says drafting a will online is better than having no will, which is one of the most important documents that you will ever draft.
However, good legal advice on the drafting and proper execution of your stated wishes is advisable to ensure it is valid.
Gareth Myers, an attorney who set up an online will service at iLawyer.co.za, says an online will is fine for 90% of people. But he admits that nothing will replace having a lawyer if you want a more complicated or bespoke will.
Ensuring your will is valid
Faber says a distinction needs to be made between drafting a will and its execution. When drafting a will, it can be handwritten or typed, but to comply with the law, it must be signed by hand and not electronically because the Electronic Communications and Transactions Act does not apply to wills.
It is good practice to leave a copy of your will with trusted friends, an attorney or colleagues, but on that copy leave instructions on where to locate the original, which the master of the high court needs for the estate administration process, Faber says.
Properly executing a will involves adhering to the Wills Act when it comes to signing and witnessing. There are four things to keep in mind: who should sign, where the signatures must be placed, how it must be signed and who must be present with the signing...