As the death toll from the coronavirus climbs, the demand for wills has spiked | georginacrouth
If you did not get your affairs in order before the lockdown, the crisis has thrown up some practical challenges in terms of how to get that done legally. The Wills Act requires the following for the execution of a valid will:
On April 6, Fisa made an urgent submission to the Department of Justice, asking it to declare the drafting and execution of wills an essential service. Fisa says it has had no response. An electronic will, such as a PDF file with an electronic signature, does not constitute a valid will in South Africa. “Electronic wills are not regarded as valid, without going to court, because they’re not compliant with the Wills Act,” Van Vuren says.
Van Vuren says the Disaster Management Act, under which the lockdown measures have been promulgated, does not give the minister of Cooperative Governance and Traditional Affairs the power to amend legislation. Only Parliament, which is in recess, can do that.
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