Other topics
There is a will – Probate
Probate is the legal process by which the executor of a will proves his or her right to administer the deceased’s estate. It is compulsory unless the estate is small and meets certain criteria.
Learn more 
There is no will – Letters of administration
When a person dies without a will, it is called an intestacy or dying intestate. The closest relative to the deceased can apply for letters of administration, which grants them the legal authority to administer the deceased’s estate.
Learn more 
Effect of marriage, divorce, and separation on a will
Any will made before marriage is usually automatically revoked upon marriage. Mere separation alone has no effect on a will, but divorce usually voids any gift made in the will to the ex-husband or wife.
Learn more 
Error in a will
Where a will contains a clerical error, or does not reflect the will-maker’s instructions, the will can be rectified (corrected) so as to carry out the deceased’s actual intentions. Correcting an error in a will requires an application to the High Court.
Learn more 
Gift to person who witnessed will
The starting point is that any gift made to a person who witnessed the signing of the will is void. The same applies to a gift made to the witnesses’ spouse or de facto partner. There are exceptions however.
Learn more 
Frequently Asked Questions
What if a beneficiary dies before the will-maker? What if property left under a will has been sold or given away? What if there is not enough money in the estate to pay all gifts? We answer all these questions and many more.
Learn more 