Tamsyn Potts, admitted attorney and fiduciary specialist

Admitted attorney and fiduciary specialist, Tamsyn Potts, provides tips on what should not be included in your Will

Admitted attorney and fiduciary specialist, Tamsyn Potts, provides tips on what should not be included in your Will

A Will should not include: confidential information like bank account numbers, passwords, PINs, or access codes, vague or ambiguous instructions about asset distribution, and any instructions that are illegal or against public policy; it's best to consult a legal professional to ensure your will is properly drafted and avoids potential issues. 

Key points to remember:

  • Jointly held assets:

It is a commonly held misconception that when you own property jointly with someone else, their share passes to you automatically upon their death, or vice versa. This is not the case under South African law. Your Will must declare who is to inherit your share in the property.

  • Specific instructions needed:

Be clear and precise about who receives what, avoiding vague language that could lead to disputes. 

  • Sensitive information:

Don't put personal details like passwords, bank account numbers, or access codes in your Will. 

  • Illegal or unethical requests:

A Will cannot include instructions that are illegal or go against public policy.