The big fat Will quiz
Drafting a valid will can be considered the first step towards leaving a legacy for your loved ones and, while you may be tempted to go the DIY route because your affairs are what you consider ‘simple’, think twice before putting pen to paper. Besides needing to meet the requirements of a valid will, you also need to consider other factors such as the nature of your marriage contract, your obligations in respect of financial support, your estate liquidity and the ongoing care of your minor children, amongst other important considerations
QUESTION 1: Freddie, who is 16 years old, inherited a large estate from his father, who died some years previously. Freddie executes a Will leaving his estate to his mother.
True/False? The law does not permit Freddie to execute a valid Will as he is too young.
QUESTION 2: Elvis is a wealthy businessman, married to Priscilla in Community of property. Elvis executes a Will leaving everything to his mother.
True/false? – Because Elvis is married in Community of property, he requires his wife’s consent to execute a Will dealing with their joint estate.
QUESTION 3: Julio, married with three adult children, has a child out of wedlock with his girlfriend. He executes a Will leaving his estate to his illegitimate minor child, to the exclusion of his wife and other children.
True/false? The law does not permit a
True/False? The law does not permit Freddie to execute a valid Will as he is too young.
QUESTION 2: Elvis is a wealthy businessman, married to Priscilla in Community of property. Elvis executes a Will leaving everything to his mother.
True/false? – Because Elvis is married in Community of property, he requires his wife’s consent to execute a Will dealing with their joint estate.
QUESTION 3: Julio, married with three adult children, has a child out of wedlock with his girlfriend. He executes a Will leaving his estate to his illegitimate minor child, to the exclusion of his wife and other children.
True/false? The law does not permit a
person to leave their estate to an illegitimate child, to the exclusion of their spouse and legitimate children.
QUESTION 4: Benni is a wealthy musician. He signs a 3-page Will in which he leaves his entire estate to his friend Bjorn. Benni signs his Will at the end on the last page but doesn’t sign or initial the other pages. (Assume all other legal formalities have been met).
True/false? Benni’s Will is invalid as the law requires him to sign or initial every page of his Will.
QUESTION 5: Whitney has a Will prepared for her, and when she signs her Will, she has a witness watch her sign. Whitney and the witness sign every page of the Will.
True/false? – Whitney’s Will is invalid as the law requires two people to witness her signing and for them to sign attesting that they have so witnessed.
QUESTION 6:
Celine wishes to execute a Will. She signs it
QUESTION 4: Benni is a wealthy musician. He signs a 3-page Will in which he leaves his entire estate to his friend Bjorn. Benni signs his Will at the end on the last page but doesn’t sign or initial the other pages. (Assume all other legal formalities have been met).
True/false? Benni’s Will is invalid as the law requires him to sign or initial every page of his Will.
QUESTION 5: Whitney has a Will prepared for her, and when she signs her Will, she has a witness watch her sign. Whitney and the witness sign every page of the Will.
True/false? – Whitney’s Will is invalid as the law requires two people to witness her signing and for them to sign attesting that they have so witnessed.
QUESTION 6:
Celine wishes to execute a Will. She signs it
in the presence of two witnesses, both of whom also sign the Will. One of the witnesses is a 20-year-old friend and the other is her 14-year-old daughter.
True/false? Celine’s Will is invalid as her 14-year-old daughter cannot legally witness her Will.
QUESTION 7: Elton instructs his lawyer to draft and email him a Will. Elton prints and signs the Will before two competent witnesses. But he omits to insert the date and his ID number into the blank spaces left in the document for this information. (Assume all other formalities have been complied with).
True/false? Elton’s Will is invalid as the date and his ID number have been omitted.
QUESTION 8: Aretha wants to sign her Will and asks two adult friends to witness and sign as required by the Wills Act. One of the witnesses is running late and so Aretha signs watched by one friend, who signs as a witness and leaves. Her second friend then arrives and Aretha signs again in front of him and he signs as witness.
ere.
True/false? Celine’s Will is invalid as her 14-year-old daughter cannot legally witness her Will.
QUESTION 7: Elton instructs his lawyer to draft and email him a Will. Elton prints and signs the Will before two competent witnesses. But he omits to insert the date and his ID number into the blank spaces left in the document for this information. (Assume all other formalities have been complied with).
True/false? Elton’s Will is invalid as the date and his ID number have been omitted.
QUESTION 8: Aretha wants to sign her Will and asks two adult friends to witness and sign as required by the Wills Act. One of the witnesses is running late and so Aretha signs watched by one friend, who signs as a witness and leaves. Her second friend then arrives and Aretha signs again in front of him and he signs as witness.
ere.
True/false ? Aretha’s Will is invalid as the two witnesses were not present at the same time to see her sign.
QUESTION 9: Rod marries when he is in his twenties and he executes a Will leaving his estate to his young wife, Alana. Shortly thereafter Rod and Alana divorce. Rod remarries and has six children with his second wife Penny. Rod dies 30 years after executing the aforementioned Will,without having executed a further Will.
True/false? By law Rod’s Will has expired by the time he dies and his widow Penny and his children will inherit his estate in terms of the laws of intestate succession.
QUESTION 10: Lionel wishes to execute a Will, and signs it intending to have two friends sign as witnesses later. When he dies, his family discover that the Will is invalid as it was not witnessed.
True/false? The High Court has the power, on application by the family, to condone the lack of witnesses and declare Lionel’s Will to be valid.
QUESTION 9: Rod marries when he is in his twenties and he executes a Will leaving his estate to his young wife, Alana. Shortly thereafter Rod and Alana divorce. Rod remarries and has six children with his second wife Penny. Rod dies 30 years after executing the aforementioned Will,without having executed a further Will.
True/false? By law Rod’s Will has expired by the time he dies and his widow Penny and his children will inherit his estate in terms of the laws of intestate succession.
QUESTION 10: Lionel wishes to execute a Will, and signs it intending to have two friends sign as witnesses later. When he dies, his family discover that the Will is invalid as it was not witnessed.
True/false? The High Court has the power, on application by the family, to condone the lack of witnesses and declare Lionel’s Will to be valid.
