Frequently Asked Questions
Where do I sign my will?
It is a requirement for a valid Will to have every page of the Will signed by yourself in the presence of two competent witnesses.
The Will created with GalileoWills provides a space at the end of each page where you and your witnesses are to sign. The last page of the Will (the one before the witness details page) must be dated and signed at the location provided by you and your witnesses.
Who can be my witnesses?
One of the requirements for a valid Will is to have two witnesses present at the same time with you while you are signing your Will. A person who witnesses a Will should not inherit or not benefit under the Will, further the person who witnesses a Will cannot be the spouse of anyone who benefits under a Will.
This means that the best people to be your witnesses are friends or co-workers who are not mentioned in your Will . The witness must be over the age of 14 and competent to give evidence in court.
The Will must be an original to be accepted by the Master of the High court. If the original version of your Will cannot be located it will be presumed that you died without a valid Will. This means that the laws of intestate succession shall apply.
For this reason, GalileoWills stores your original Will in a secure location once the courier delivers it to our offices. The annual storage fee is to maintain the secure storage of the Will and to provide you with peace of mind that it will not be misplaced or that your family will not be able to find it when you pass away.
Each of our pricing plans include a free collection of your original will*. Our top-tier package includes collection from anywhere in South Africa.
Legal Jargon in my will
There are certain words of art which are used in Wills to succinctly state what is intended by the drafter, some of these terms are used in the Will created with you by GalileoWills. The words are as follows: –
The beneficiary is the person or persons to whom the estate is transferred.
This means to dispose of an asset by means of a Will.
This means an asset which is bequeathed, it is called an inheritance if left to an heir and a legacy if left to a legatee.
This refers to the situation where a descendant, in certain circumstances, must give account of the value of benefits received from the testator during the testator’s lifetime before he or she may inherit from the estate of the testator.
This refers to the estate of the person who has died which consists of all assets and liabilities at the time of death. The residue of the estate refers to what is left over after all liabilities are paid and specific bequests accounted for.
This means a beneficiary who inherits either the whole estate or portion of the estate.
This means a beneficiary who inherits a specific asset or an amount of money from the estate.
This refers to when one of the heirs or legatees, mentioned in a specific group, pre-deceases the others, that heir’s or legatee’s portion will be split between the remaining heirs or legatees in that group.
Stirpes means a line of descendants from the person named in the Will. Per stirpes means a distribution by representation where each branch of the family is to receive an equal share.
This refers to the person who makes and execute a Will.