FAQ - Last Will and Tesament, Living Will and Life file

Question - Why would you ask André Kachelhoffer for advice on the drafting of a Last Will and Testament, a Living Will and a Life File?

 

Answer - I have gained extensive and specialised experience, since May 1989, as an admitted attorney, and before that as a senior examiner at the office of the Master of the High Court, Pretoria and as a Deceased Estate Administrative Officer at First National Bank Deceased Estates, Pretoria.

 

Question - How much would it cost?

 

Answer - First consultation of 30 minutes, no charge. From as little as R 900-00 for a straightforward no frills Last Will and Testament. If a further consultation and estate planning is required, it will be more (to be agreed on), depending on the time spent.   

 

Last Will and Testament

Question - What is required for a Last Will and Testament to be valid?

 

Answer - The  Wills Act 7 of 1953 as amended has specific requirements. The testator must be older than 16 and of sound mind. It must be in writing. It must be signed and witnessed and the witnesses must be older than 14 and of sound mind and not be a beneficiary in the Last Will and Testament  (an executor is a beneficiary). Witnesses must be present when the testator signs - they attest his signature, not the contents of the Last Will and Testament .

 

Question - What is the purpose of a Last Will and Testament?

 

Answer -  A Last Will and Testament is a legally binding document that ensures that your estate is handled according to your wishes after death. It allows you to specify how property, investments, and personal belongings are divided among beneficiaries, to appoint guardians for minor children, and to name an executor to manage and settle your estate. Without a will, assets are distributed under the Intestate Succession Act, which may not reflect your intentions. By designating individuals, charities, or organizations as beneficiaries and clearly outlining your wishes, a will reduces the risk of disputes among heirs and provides legal certainty. It also serves as an instrument to safeguard the continuity of a business or farm for a designated partner or beneficiary. 

 

Living Will

Question - What is a Living Will?

 

Answer -  It is a written directive in which you set out your preferences for medical treatment should you become unable to communicate, such as in the case of a coma or terminal illness.  It is especially important in situations where you want to avoid prolonged suffering through aggressive medical interventions, you want to spare your family from making difficult decisions under stress and you want to ensure your dignity and values are respected in healthcare. It provides guidance to those making decisions on your behalf, but it does not legally bind them. 

 

Question - What is required for a Living Will to be valid?

 

Answer - There is no specific legislation governing Living Wills, but they are recognised under South African common law. The author must be of sound mind. It should be in writing but considering the circumstances, an audio or video recording may be regarded as acceptable.

Life File 

Question - What is a Life File?

 

Answer - It is a central, well‑organised collection of all the essential personal, legal, financial, and practical information your loved ones or executor would need if you become incapacitated or pass away. It’s not a legal document on its own — it’s a practical roadmap that makes handling your affairs far easier during a stressful time.

 

Question - What is required for a Life File to be valid?

 

Answer - Nothing. It is not required by law or otherwise. It does not command anybody to do anything. It is information. It may include wishes such as what should happen to your remains or how your funeral service should be conducted.

For any further information - 

• Phone me or whats app me at 27 83 687 2609, or 
• e mail me at kach@mweb.co.za, or 
• contact me on my website, or 
• leave a comment on my blog, or
• leave a comment on this page below.

Protection of Personal Information Act 4 of 2013 ("Poppy").

The personal data provided to me will be used only for the purpose of replying or advising or for purposes of executing an instruction. I will in addition to Popy compliance, store all details as provided for and specified by the Legal Practice Council from time to time. The Legal Practice Council is the statutory body that regulates all legal practitioners in South Africa, ensuring professional conduct, admission standards and public accountability. 

I have the privilege of confidentiality pertaining to my clients under the law.