Questions and Answers on Wills – Last Wills and Testaments

Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below.

How do I write a will for free? Is a handwritten will legal? Are handwritten wills legal in Cape Town? Do you have to go to a lawyer to make a will? Can you just write a will and get it notarized? How do I go about making a will for free? What are the requirements to make a will? What is in a simple will? Is a will valid if it is not notarized? What is a holographic will? What is the average cost of making a will? What are the requirements for a valid will? Do wills have to be dated? Is a handwritten will valid in the South Africa? Can family witness a will? Who can be a witness to a will? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? How do you sign a will? Is a notarized document a legal document? How much does it cost to do a will? How much does it cost to have a living will? What can I do as a paralegal? How much does it cost to get a power of attorney? Can you be an executor and a witness to a will? Can a notary be a witness to a will? Can I make changes to my will? Is a will signed by a notary legal? Is a handwritten will valid? Do notaries have to witness signatures? Can a family member be a witness on a legal document? Do you have to change your will when you move house? Can you just write a will and get it notarized? Is a document legal if it is not notarized? Do both parties have to be present to have a document notarized? How do you notarize a document? Can I notarize a document already signed? Can you get something notarized online? Do you have to sign divorce papers in front of a notary? What type of notarization is a power of attorney? What is a proof of execution? What is a subscribing witness to a will? What does it mean to be a credible witness? Can a credible witness be named in a signed document? What is an unreliable witness? What is the problem with eyewitness testimony? Why eyewitness testimony is unreliable? What is eyewitness testimony in psychology? What is eyewitness memory in psychology? Why is an eyewitness account valuable? What is a reconstructed memory? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? Is a handwritten will valid? Is a notarized document a legal document? Is a handwritten contract legally binding? What do you call a person who can notarize? Can you just write a will and get it notarized? What does a contract need to be valid? Can I change my will at any time? Do you need a lawyer to change your will? How do you write a codicil to a will? Can you change a will if you have power of attorney? Can a family member be a witness to a will? Who can be a witness to a will? How do I write a will for free? Do you need a lawyer to write a will? How do I make a will online for free? What is in a simple will? Do wills have to be dated? What is a will that is oral? What does testimonies? What percent of wrongful convictions based on mistaken eyewitness testimony are common? What is motivated forgetting? Do you have to have a will notarized? What are the requirements to make a will? Why do you forget things? How do you forget something? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? Why is it important to have a will? What is a joint will? What is a holographic will? What is a will and a trust? Is a handwritten will legal? What is the average cost of making a will? Are online wills valid? How much does it cost to do a will? How much does it cost to have a living will? Do my wife and I need separate wills? Is a document legal if it is not notarized? Is a notarized document a legal document? Where can I get a document notarized for free? Can you get something notarized online? Do wills have to be dated? What is a will that is oral? Can a notary be a witness to a will? Do you need a lawyer to write a will?

Posted on 11 February 2025 by Telelaw

Questions and Answers on Wills – Last Wills and Testaments

Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below.

How do I write a will for free?
Is a handwritten will legal?
Are handwritten wills legal in Cape Town?
Do you have to go to a lawyer to make a will?
Can you just write a will and get it notarized?
How do I go about making a will for free?
What are the requirements to make a will?
What is in a simple will?
Is a will valid if it is not notarized?
What is a holographic will?
What is the average cost of making a will?
What are the requirements for a valid will?
Do wills have to be dated?
Is a handwritten will valid in the South Africa?
Can family witness a will?
Who can be a witness to a will?
What is a will when someone dies?
What is a legal will?
What is the average cost of a simple will?
What is the purpose of having a will?
How do you sign a will?
Is a notarized document a legal document?
How much does it cost to do a will?
How much does it cost to have a living will?
What can I do as a paralegal?
How much does it cost to get a power of attorney?
Can you be an executor and a witness to a will?
Can a notary be a witness to a will?
Can I make changes to my will?
Is a will signed by a notary legal?
Is a handwritten will valid?
Do notaries have to witness signatures?
Can a family member be a witness on a legal document?
Do you have to change your will when you move house?
Can you just write a will and get it notarized?
Is a document legal if it is not notarized?
Do both parties have to be present to have a document notarized?
How do you notarize a document?
Can I notarize a document already signed?
Can you get something notarized online?
Do you have to sign divorce papers in front of a notary?
What type of notarization is a power of attorney?
What is a proof of execution?
What is a subscribing witness to a will?
What does it mean to be a credible witness?
Can a credible witness be named in a signed document?
What is an unreliable witness?
What is the problem with eyewitness testimony?
Why eyewitness testimony is unreliable?
What is eyewitness testimony in psychology?
What is eyewitness memory in psychology?
Why is an eyewitness account valuable?
What is a reconstructed memory?
What are the effects of misinformation?
Why does the misinformation effect occur?
What is a repressed memory?
Is a handwritten will valid?
Is a notarized document a legal document?
Is a handwritten contract legally binding?
What do you call a person who can notarize?
Can you just write a will and get it notarized?
What does a contract need to be valid?
Can I change my will at any time?
Do you need a lawyer to change your will?
How do you write a codicil to a will?
Can you change a will if you have power of attorney?
Can a family member be a witness to a will?
Who can be a witness to a will?
How do I write a will for free?
Do you need a lawyer to write a will?
How do I make a will online for free?
What is in a simple will?
Do wills have to be dated?
What is a will that is oral?
What does testimonies?
What percent of wrongful convictions based on mistaken eyewitness testimony are common?
What is motivated forgetting?
Do you have to have a will notarized?
What are the requirements to make a will?
Why do you forget things?
How do you forget something?
What are the effects of misinformation?
Why does the misinformation effect occur?
What is a repressed memory?
What is a will when someone dies?
What is a legal will?
What is the average cost of a simple will?
What is the purpose of having a will?
Why is it important to have a will?
What is a joint will?
What is a holographic will?
What is a will and a trust?
Is a handwritten will legal?
What is the average cost of making a will?
Are online wills valid?
How much does it cost to do a will?
How much does it cost to have a living will?
Do my wife and I need separate wills?
Is a document legal if it is not notarized?
Is a notarized document a legal document?
Where can I get a document notarized for free?
Can you get something notarized online?
Do wills have to be dated?
What is a will that is oral?
Can a notary be a witness to a will?
Do you need a lawyer to write a will?

[caption id="attachment_7078" align="alignleft" width="246"] Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption]

ABC guide to applying for Child Support/Child Maintenance

Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:

Q: From whom may maintenance be claimed?

A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child.

Income and Expenses – Step 1 …

Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment, etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance. For example, his/her home and work address and identity number.

Visit the Maintenance Court – Step 2 …

Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another.

Get your document in order – Step 3…

From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date, both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court.

[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] In the notice to appear for the maintenance enquiry, it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file.

The Maintenance Enquiry – Step 4 …

This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of the court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial.

Remember, if you are a father or a person currently paying maintenance/child support, a reduction is possible. The same goes for an application for an increase in maintenance/child support

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here. [caption id="attachment_8258" align="alignleft" width="476"] Child Custody and Visitation