Subject of the Will

What is the testator allowed to do in his/her will? A person is allowed to bequeath all or part of his/her property to one or more persons or an association.

Can a testator leave a specific property he owns to more than two people? Yes!

Can a person make an instruction in his will about a favour from his estate? Yes, a testator can give instructions in his will about a favour to one or more people in his estate.

Can a testator give instructions about property which is not part of his estate? No!

Can a testator pass on his rights to a protected tenancy in his/her will? No, as this is not regarded as part of his/her estate.

Can a testator decide to make a will just in relation to part of his/her estate, so that the rest of it will be inherited according to law? Yes! The testator can even explicitly state this in the will, although any property in the estate not dealt with by the will is covered by the Inheritance Law of 1965 anyway so that the legal heirs will inherit it.

Can a testator give specific instructions for real estate to be sold and the proceeds of the sale divided between named beneficiaries, rather than bequeathing the property to those people in particular proportions? Yes! A testator can give instructions like this instead of bequeathing the property directly.

Can a person make instructions in his/her will about a particular relative or friend being a guardian for his/her minor children in the event of them being orphaned? Yes. However, the actual appointment of such a person, in the event of the testator’s death, would be subject to the proposed guardian’s consent , and the court’s approval of the appointment . Even if the proposed guardian consents, the court will not approve the choice and make the appointment unless it considers it to be in the minors’ good.

Do instructions in the testator’ will about what should be done with his/her body after death have binding legal value? No! The testator can only give instructions about his estate – moveable and immoveable property – in the will and his body is not regarded as such. Such instructions are merely wishes/guidelines to be considered by the family.

If the testator gave instructions in his will about what should be written on his tombstone will these be legally binding, should the family object to them? No! Such instructions have no legally binding force.

Can a will include an instruction by the testator exempting someone who owes him money from repaying the debt? Yes!