Digital, copy or original Will?
The thought of a beautifully organised Dropbox file with my entire digital life stored away in pathologically neat folders makes me very happy. However, there are certain of life’s most important documents that need to be real deal. One such document is your will. When it comes to your Last Will and Testament - I mean, even the wording suggests something gravely serious - then it’s your original signed copy that counts in the eyes of the law.
The Master’s office in South Africa only accepts original Will documents. The tragedy of this is that your original signed Will is made of paper. And therefore subject to the dangers of being eaten, being torn by grubby little fingers, having tea spilt onto it, ending up in a vacuum cleaner. Not to mention, all of the obvious natural dangers like fire and water.
The time when a copy of your Will - and I mean a physical signed copy, not digital one - comes into play is if you die and your original Will can’t be located. The person wrapping up your estate Will need to lodge an application with the High Court to prove that the copy they’ve got is, in fact, your Last Will and Testament. This is a pricey exercise and will delay the wrapping up of your estate. Far from ideal.
Some important things to keep in mind:
Your original signed Will is an important document. Rather go the extra length to keep it in a secure spot. Get a safe.
If you’re executor also happens to be a lawyer or if you have the benefit of having a lawyer you trust and use, then look into keeping your original will at their office. Keep in mind that their office isn’t fire, floor or theft proof.
If you are going to create copies of your Will, then make sure they’re marked as copies and are clearly signed by you. This will help towards proving a case at the High Court if your original will ever goes AWOL.
It counts for sh*t if you’ve got a Will but no one knows where it is. Make sure that your executor or a beneficiary knows where to locate your Will.
Stranger things have happened than the only two people on the planet who know something both dying at the same time… make sure that at least a few trusted people know where your original Will is.
Don’t tell everyone the location of your Will. There may be a sneaky, blood sucking someone in your life who might just be tempted to tamper with it to their benefit.
Above all else, you should know where your original Will is. Over the span of your life, it’ll need updating.
Under South African law, digital signatures on Wills are not accepted. As tempting as it might be to have a digital copy of your Will, it’ll mean jack in the High Court.
Don’t have a Will yet?
Article adapted from here.