CAPITAL LEGACY Sample Will (completed) (PDF)

086 199 0099
lifeinfo@capitallegacy.co.za
www.capitallegacy.co.za
1st Floor, Wrigley Field, The Campus
57 Sloane Street, Bryanston, 2129
Private Bag X3, Bryanston, 2021
Capital Legacy Fiduciary Services (Pty) Ltd
Registration Number 1995/009487/07
Directors: C. Sonday; A. Simeonides; D. Nadesan

leave a legacy

Last Will and Testament of
Full Smith
Names
BobbyInsert
Junior

Identity Number

Insert 13 Digit Identity Number
8308045093084

1.
1.1

REVOCATION
Insert Full Names
Bobby Junior Smith
I, ________________________________________________
(Identity Number
8308045093084
Insert
13
Digit
Identity
Number
_______________________________________), revoke all previous Wills, Codicils and other
testamentary dispositions previously made by me and declare this to be my Last Will.

2.
2.1

BEQUESTS AND LEGACIES
I direct that any of my heir(s) or beneficiary(ies), as nominated by me herein, must survive me by thirty
(30) days or longer in order to inherit or benefit from my estate.
2.2 I bequeath my estate as follows:
PERCENTAGE TO INHERIT

RELATIONSHIP

FULL NAMES OF PERSON TO INHERIT

2.2.1

50

%

to my

Wife

Jill Smith

2.2.2

25

%

to my

Daughter

Jenny Smith

2.2.3

25

%

to my

Son

Ben Smith

2.2.4

%

to my

2.2.5

%

to my

2.2.6

%

to my

2.2.7

%

to my

2.2.8

%

to my

2.2.9

%

to my

2.2.10

%

to my

3.
3.1

ALTERNATE BENEFICIARIES
In the absence of any other relevant clause contained herein, in the event that any of my beneficiary(ies)
or heir(s) predeceases me, then such beneficiary or heir’s share of my Estate shall revert to the benefit of
their child orchildren. If no such child or children exist of the deceased beneficiary or heir, then equally to
my remaining beneficiary (ies) and / or heir(s) of my estate or residue thereof as nominated herein.

4.
4.1

TRUSTS
I direct that should any beneficiary not have attained the age of twenty-five (25) years at the time of my
death, then such benefit shall be retained by my Trustees in Trust until the beneficiary attains the age of
twenty-five (25) years whereby the Trust shall dissolve.
4.2 My Trustees will be entitled to:
4.2.1 retain any assets in the Trust until such sale in the case of beneficiaries not being interested in transfer of
the assets onto their names;
4.2.2 let or rent fixed property;
4.2.3 encumber any assets of the Trust if deemed necessary for the upkeep of Trust assets;
4.2.4 invest and re-invest moneys with financial institutions and/or in bonds over fixed property or in other
approved securities;
4.2.5 utilise any part of the income and, if necessary, capital which will include capital gains thereon or accruals
thereto, of the Trusts towards the payment of administration costs, taxes, insurance, necessary
improvements and upkeep of Trust assets.

1st Witness Signature

2nd Witness Signature

Testator/Testatrix Signature

4.3 I place on record that all proceeds, where my minor child or children, are the beneficiary or beneficiaries on
any Retirement Annuity Fund, Pension Fund, Provident Fund or Approved Group Life, that such proceeds are
payable to the said Testamentary Trust to be established here in my Will.
5.
5.1

APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate and appoint Deenisha Nadesan, an admitted attorney and director of Capital Legacy Fiduciary
Services (Pty) Ltd, or her nominee or nominated successor, to be Executor of my estate.
5.2 I nominate and appoint Capital Legacy Fiduciary Services (Pty) Ltd to be the Trustee of the Trust(s) to be
created.
6.
6.1
6.1.1
6.1.2

POWERS OF MY EXECUTORS AND TRUSTEES
I direct that my said Executor(s) and Trustee(s), or any Executor(s) as appointed by the Master, and Trustee(s):
shall not be required to furnish security,
shall be entitled to take into Trust and to administer, in accordance with the terms of this my Will, all such
other assets or property as the Trust may from time to time receive or acquire from any source
whatsoever,
6.1.3 shall have the power of assumption,
6.1.4 shall be entitled to receive the following fees, subject to the provisions of my Legacy Protection Plan:
6.1.4.1 as Executor - the fees charged in terms of its official tariff of fees in force from time to time,
subject to the tariff fees of office as fixed by Government Regulation,
6.1.4.2 as Trustee - the fees charged in terms of its official tariff of fees in force from time to time,
6.1.4.3 all other fees related necessary to be insured to fulfil their respective obligations, for example
auctioneer and valuation fees.
WITNESSED BY

PRINT NAME OF 1ST WITNESS

WHEREOF I have hereunto set my hand at

PRINT NAME OF 2ND WITNESS

and

LOCATION WHERE SIGNING
Durban

this

DAY
10

day of

MONTH
July

20 16 YEAR
in the presence of the subscribing witnesses, all being present at the same time and signing our names in the
presence of one another.

1st Witness Signature

2nd Witness Signature

Testator/Testatrix Signature

,