Last Will and Testament
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File Type:pdf, Size:1020Kb
2013. 00.00
LAST WILL AND TESTAMENT
OF
Proper Noun Names and Surname (ID: 0000 000 0000 000)
1. I, Proper Noun Names of the Family Proper Noun Surname (born day month year), being a married/divorced/single man/woman , hereby revoke all Wills and Codicils previously made by me and declare this to be my Last Will and Testament.
2. Unless the context otherwise requires, words importing the singular shall include the plural, and words importing the masculine shall include the feminine, and vice versa.
3. It is my wish that my mortal remains be cremated/buried/other choices.
4. I direct that no beneficiary shall be required to bring into collation any gifts made by me during my lifetime.
5. I bequeath my estate as follows:
5.1 my property: …………………………..
to …………………………….. on condition that …..
5.2
WITNESSES:
1. ______
TESTATRIX/TESTATEUR
2 .______6. In the event of a beneficiary predeceasing me, the benefit that would have devolved upon such beneficiary shall devolve upon such beneficiaries descendants by representation or, failing descendants, upon my remaining beneficiaries or their descendants by representation.
7. I direct that any of my personal effects, household effects, furniture, jewellery, firearms and motor vehicles to which a minor may become entitled under this Will, may be handed to such minor’s guardian at the discretion of the EXECUTOR(S) or Trustee(s), as the case may be, for the period of the beneficiary’s minority. The receipt of the said guardian, who shall not be required to furnish security in this regard shall be sufficient discharge to the EXECUTOR(S) or Trustee(s).
8. I direct that should any beneficiary(ies) be under the age of TWENTY FIVE (25) years when entitled to inherit hereunder, such beneficiary’s (ies’) inheritance shall not be paid into the Guardian’s Fund but shall be held in trust by the Trustee(s) appointed who shall utilise as much of the income as they, in their discretion, may deem necessary for the maintenance, education, general welfare and benefit of such beneficiary(ies). Any surplus income shall be capitalized.
I authorise the Trustee(s) or any person(s) assumed by or succeeding them to utilise the whole or part of the capital for the above purposes should they, in their discretion, decide that the income is insufficient.
When the said beneficiary attains the age of TWENTY FIVE (25) years, the trust shall terminate and the capital, as it then exists shall be paid to the said beneficiary.
Notwithstanding the above, I direct that my Trustee(s) shall have the power, in their sole discretion, to accelerate or postpone termination of any Trust(s), either in whole or in part, should circumstances warrant such action.
9. I direct that the Trustee(s) shall have full power, in their sole discretion to:
take over and retain any of my assets in the form in which they may be found at the time of my death; and
WITNESSES:
1.______
TESTATRIX/TESTATEUR
2 .______ carry on any business; and
let any immovable property; and
realise any assets by such methods and at such times as they may deem fit; and
invest or re-invest funds in securities and investments (including the purchase of immovable property), notwithstanding that such investments may be of a type not ordinarily regarded as being trustee investments;
lend money, whether upon security or otherwise, and at interest or otherwise, to such person(s) and upon such terms as the Trustee(s), in their sole discretion, deem(s) to be in the best interest of the beneficiary(ies); and
accept any gifts, bequests or payments from any source whatsoever in favour of any Trust(s) created herein; and enter into any re-distribution agreement.
10. No rights or hopes of any beneficiary under this Will, nor any part thereof, shall be attachable by any creditor of any such beneficiary as a result of the latter having committed or suffered any act, default or process of law whereby such rights or hopes or any part thereof would, but for the provisions of this clause, become vested in or payable to any other party or parties.
Further, if any beneficiary shall be declared insolvent or assign his estate in favour of his creditors, or if any attachment is made or execution is levied on or against the rights or hopes of any beneficiary or any part thereof, then and in any or all of such events, the rights and hopes of such beneficiary shall devolve upon and vest in such other beneficiaries as would be entitled thereto as if the beneficiary concerned had died at the time of such event, provided that such EXECUTOR(S) or Trustee(s) or any person(s) assumed by or succeeding such EXECUTOR(S) or Trustee(s) shall be entitled, in his or her or their sole discretion, to continue to hold in trust for the lifetime of the beneficiary concerned that share of my estate to which he would, but for the provisions of this clause, have been entitled and to pay to him or his brother, spouse or descendents for his or her or their maintenance such portion of the income accruing from the said share of my estate as he or she or they in his or her or their sole discretion shall deem fit, provided further that if EXECUTOR(S) or Trustee(s) or any person(s) assumed by or succeeding such
WITNESSES:
1.______
TESTATRIX/TESTATEUR
2 .______EXECUTOR(S) or Trustee(s) continues to hold that share of my estate as aforesaid, then notwithstanding that the rights and hopes thereto of the beneficiary concerned shall have ceased and notwithstanding anything to the contrary contained herein such share shall, on the beneficiary’s death, devolve upon the person(s) entitled thereto by substitution determined as at the date of such beneficiary’s death.
It is a further condition of this Will that the inheritance devolving upon any beneficiary under my Will, as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects, including any accrual system, of any present or future marriage of such beneficiary whether in or out of community of property.
The EXECUTOR(S) or Trustee(s) appointed hereunder or any person(s) assumed by or succeeding such EXECUTOR(S) or Trustee(s) shall be entitled to refuse to recognise and treat as null and void any cession, assignment or pledge of the rights or hopes of any beneficiary hereunder.
11. I nominate ………………………………………………………….., to be the EXECUTOR of my estate and Trustee(s) of any Trust(s) created herein.
I grant the EXECUTOR(S) and Trustee(s) or any person(s) assumed by or succeeding them all power and authority allowed in Law, including the Power of Assumption.
I exempt the EXECUTOR(S) and Trustee(s) or any person(s) assumed by or succeeding them from the necessity of furnishing security to the Master of the High Court in respect of the administration of my estate;
that the EXECUTOR(S) and Trustee(s) shall be entitled to recover fees, in accordance with the official tariffs laid down by law from time to time;
that the EXECUTOR(S) and Trustee(s) shall be entitled to undertake any banking or other services on behalf of my estate and/or any Trust on the same terms and conditions as would apply in the ordinary course of business;
that my EXECUTOR(S) and Trustee(s) shall have authority, at the request of my beneficiaries, to borrow money for any purpose connected with the liquidation or administration of my estate or any trust and, to that end, may encumber any of the assets of my estate or of any trust.
WITNESSES:
1.______
TESTATRIX/TESTATEUR
2 .______The issuer of this instrument is (Proper Noun First Name) of the family (Surname)
JURAT Use of a NOTARY PUBLIC is for attestation and verification purposes only and does not constitute a change in status or entrance or acceptance of foreign jurisdiction. I, Proper Noun First Name of the Family Surname (In the absence of a NOTARY PUBLIC), currently sojourning in Name of Province Province, on the Land of South Africa duly certified and sworn, in the presence of two (2) witnesses, do hereby certify that this document was made by a wo/man known as Proper Noun First Name of the Family Surname and affixed his/her autograph to the mentioned document in the presence of the undersigned witnesses, all being present at the same time and signing in the presence of each other which I certify at:
Name of Province , on the Land of South Africa this ______day of ______, A.D. 2014 in the presence of two witnesses:
• ______
Proper Noun Name & Surname Autograph
• ______
Proper Noun Name & Surname Autograph
______Witness my hand and private seal.
UPU Address: Proper Noun Name & Surname Poste Restante or Postal Address without postal code
This Notary Expires 90 Days from date. Notice Using a notary or acting as a notary in the absence of one (Bill of Exchange Act) on this document does not constitute any adhesion, nor does it alter my status in any manner.
WITNESSES:
1.______
TESTATRIX/TESTATEUR
2 .______The purpose for notary is verification and identification only and not for entrance into any foreign jurisdiction. All rights reserved.
WITNESSES:
1.______
TESTATRIX/TESTATEUR
2 .______