We would like to draw your attention to the following information about creating a Will. Please read through this carefully.

This Will is drafted in accordance with South African law and may not be valid in any other country.
Metropolitan does not offer any assurance that any Will drafted in this process is appropriate to your circumstances. If you feel that your Will should make provision for matters which are not in this Will, you should approach a lawyer to advise you.

Metropolitan is not offering or advising you or any other person on your Will. Metropolitan accepts no liability for any losses to you or any other person arising from this Will or the use of Metropolitan’s system to draft this Will.

This Will cannot:

Provide for specific bequests.
Create a trust for your minor children.
Allow money to be administered by a beneficiary trust on behalf of minor children.
Allow money to be administered by a guardian of your minor children.

Your personal information
Metropolitan will not store your personal information except as stated here. Once you have completed your Will, your personal information and the Will that you drafted will be deleted from our system. The only personal information we will store is your name, surname and identity number. This information is for record purposes only and will not be used for any other purpose.

Unfortunately we need you to accept the terms and conditions if we are going to help you draft your Will.
If you would like to draft your Will please restart the process. If not, you are welcome to look through Metropolitan’s financial wellness solutions ...click here

We recommend you consult a professional to discuss your financial wellness. In the meantime you can explore these solutions from Metropolitan ...click here

We recommend that you consult a lawyer to discuss your Will. In the meantime, you are welcome to look through Metropolitan’s financial wellness solutions www.metropolitan.co.za/solutions3

A Will is a binding expression of your wishes. It says what you want to happen to your assets when you pass on. A Will can provide protection for your family when you are no longer there. It is an important document and must be reviewed annually or when your circumstances change. If, for example, you get married or have children, your will should be reviewed to see if it is still achieving its purpose.

Here’s some information about beneficiary nominations for retirement funds that you need to remember:
You can’t nominate your retirement fund (Pension, provident, retirement annuity or preservation funds) beneficiary in your Will.
You must nominate your beneficiaries with the retirement fund directly.
You should make sure that your nominations are up to date and have been received by the retirement fund.

Here’s some information about beneficiary nominations for retirement funds that you need to remember: You can’t nominate your retirement fund (Pension, provident, retirement annuity or preservation funds) beneficiary in your Will. You must nominate your beneficiaries with the retirement fund directly. You should make sure that your nominations are up to date and have been received by the retirement fund.

There are three types of recognised marriages in South Africa:

Civil Marriage
Customary Marriage
Civil Union

A Civil Marriage is when you are married by a marriage officer. You should have been given a marriage certificate and the marriage registered at the Department of Home Affairs.

A Customary Marriage is one entered into before 1 November 2000. If a Customary Marriage is entered into after 1 November 2000, the customary marriage must be registered at the Department of Home Affairs.

A Civil Union is conducted by a marriage officer or other person authorised to conduct a civil union. The Civil Union must be registered at the Department of Home Affairs.

Marriages conducted under Islamic, Hindu or other religious rites which are not conducted by a marriage officer and not registered are not currently recognised under South African law. South African law does not recognise a “common law” spouse (also referred to as cohabitation). If you are still not sure if you are married, you should consult a professional such as a lawyer.

Your marital status can affect what happens to your assets after you pass on. This may affect the financial well-being of your family. Please ensure you understand your marital status.
There are three types of recognised marriages in South Africa:

In Community of Property;
Out of Community of Property;
Out of Community of Property subject to the accrual system.

In order to be married Out of Community of Property or Out of Community of Property subject to the accrual system, you would have had to enter into an Ante-Nuptial Contract. If you did not enter into an Ante-Nuptial Contract, you will be married In Community of Property.

What effect does my marital status have on my Will?
If you are married in community of property the surviving spouse will only be able to deal with their own half of the estate.
The other half will be administered as your deceased estate.
This may mean you should consider whether there will be sufficient cash available for the surviving spouse while the estate is being wound up.
This is particularly important if you have a joint bank account. You may wish to consider whether life insurance is necessary to ensure there is sufficient cash.
If you are married out of community but subject to the accrual system, you must consider the amount of accrual.
If your estate has to pay an accrual to your surviving spouse, there may be less left for other beneficiaries.
It may also mean that, if the accrual is payable to your estate, your surviving spouse will be short of money or may have to sell an asset like the house they are living in.
You may wish to consider whether life insurance is necessary to ensure there is sufficient cash.

We recommend you consult with a financial adviser.

If you (or your spouse) pass on, you must consider the effect this may have on you. Your estate may not be able to pay out money while it is being wound up and this may have an effect on your spouse and any children.

The immediate concerns might be:

Will there be enough money to pay for a funeral?
Will there be enough money for day to day living and expenses such as school fees?
Will there be enough money to pay the bond on the house (if there is have a bond)?

If you think you might need money to pay for these expenses then you may want to consider life and funeral insurance. Life insurance pays an amount to a nominated beneficiary. Funeral insurance pays an amount to a nominated beneficiary specifically for a funeral.

You should also consider the longer term:

Will your surviving spouse have enough money to live comfortably without you?
Will your children have enough money to complete their education (including tertiary education)?
You may wish to consider life insurance if you think that it is necessary to provide extra money after you pass on.

You can nominate anyone as heir for the remainder of your estate. The remainder is the amount left over after expenses (like tax and executors fees) have been paid. It is important to identify your heirs clearly, so their identity number is required. If there is only one heir, they will receive the full remainder of your estate.
If you have more than one child and you nominate your children as heirs they will each share equally in the remainder of your estate.
If you need to specify specific percentages or amounts you will need to consult a lawyer.
If your heir is not your spouse or your children, your spouse and children, if any, may institute a claim against your estate for support.
If you are divorced and have an ongoing duty of support to your ex-spouse, such a duty of support will not terminate on your death.
You always have a duty of support to your children.

If you leave your estate to your children, all your children will share equally in the estate. This will include any children from a previous marriage or any children born out of wedlock.
If one of your children passes away before you and has children of their own (your grandchildren), your grandchildren will also receive part of your estate.
You should consider carefully whether you have assets that can be divided between your children if you have more than one child. For example, if your largest asset is your house and you have several children, the house may have to be sold for each child to receive their share.
This may result in hardship for your family.

We recommend you consult with a financial adviser. If you (or your spouse) pass on, you must consider the effect this may have on you. Your estate may not be able to pay out money while it is being wound up and this may have an effect on your spouse and any children.
The immediate concerns might be:

Will there be enough money to pay for a funeral?
Will there be enough money for day to day living and expenses such as school fees?
Will there be enough money to pay the bond on the house (if there is have a bond)?
If you think you might need money to pay for these expenses then you may want to consider life and funeral insurance.
Life insurance pays an amount to a nominated beneficiary.
Funeral insurance pays an amount to a nominated beneficiary specifically for a funeral.

You should also consider the longer term:

Will your surviving spouse have enough money to live comfortably without you?
Will your children have enough money to complete their education (including tertiary education)?
You may wish to consider life insurance if you think that it is necessary to provide extra money after you pass on.

If your children are minors (younger than 18) when you pass on, you may wish to appoint a guardian for them.
If their other parent is still alive, they will usually automatically become the new guardian of your minor children.
This may not happen if you have been appointed as the sole guardian.
If you nominate a person other than your spouse as a guardian and your spouse is a co-guardian, that person will not be appointed as a guardian unless your spouse gives up their rights as guardian.
The guardian that you appoint should be a person you trust can take care of your children.
You should discuss the matter with them before you appoint them as a guardian as they are not obliged to accept guardianship of your children.
You should also consider if they are able to financially support your children and whether you should make further financial provision for your children’s support.

An executor is the person who is responsible for winding up your estate. If your estate is worth more than R250 000 Letters of Executorship will be issued and the full process will need to be followed. If your estate is worth less than R250 000 the Master can issue Letters of Authority. Letters of Authority allow your estate to be wound up without following the full procedure.
When you appoint an executor you can appoint a person you know (e.g. your spouse) or you can appoint a professional. If you appoint a person you know, they may have to appoint a professional to actually wind up the estate. If you appoint a person you know they will have to provide security to the Master unless the Will specifies otherwise. This Will specifies that no security is necessary.

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6. EXCLUSION FROM COMMUNITY

No benefit accruing to any beneficiary or heir under this Will, nor any fruits of such benefit, shall at any time form part of a joint estate through marriage by the beneficiary or heir. No benefit under this Will shall any time form part of any accrual, whether under South African law or any law elsewhere. All amounts accruing to any beneficiary or heir under this Will shall be and shall remain their sole and exclusive property at all times.

Thus done and signed by me at ____________________________ on this _________ day of _________________ 20__, in the presence of the undersigned witnesses, who both being present at the same time and in my presence, have signed this Will.

AS WITNESSES_____________________________________

__________________________________________________

TESTATOR/ TESTATRIX

Details of Witnesses

Witness 1

Name:____________________________________________

Identity Number:__________________________________

Address:__________________________________________

_________________________________________________

Witness 2

Name:______________________________________________

Identity Number:____________________________________

Address:____________________________________________

___________________________________________________

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6. NOMINATION OF GUARDIAN

In the absence of any natural guardian for my minor children, I nominate Identity Number as guardian of any minor children of mine. I direct that it is not necessary for any guardian of my minor children to furnish security.

7. EXCLUSION FROM COMMUNITY

AS WITNESSES_____________________________________

__________________________________________________

TESTATOR/ TESTATRIX

Details of Witnesses

Witness 1

Name:____________________________________________

Identity Number:__________________________________

Address:__________________________________________

_________________________________________________

Witness 2

Name:______________________________________________

Identity Number:____________________________________

Address:____________________________________________

___________________________________________________

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Dear

Thank you for creating your Will and taking a step towards Financial Wellness. Please note that this Will creation tool is free of charge and aims to help you put a basic Will in place. This Will was drafted in accordance to South African law and may not be valid in any other country. Metropolitan will not store a copy of this Will or your personal information. Metropolitan is not liable for any issues that arise from the use of My Will. If the Will is not suitable for your circumstances or fully completed, Metropolitan cannot be held liable either.

It is essential that your Will is dated and signed according to the law. Many issues with Wills arise from a failure to get them signed appropriately. The law prescribes strict rules around the signing of a Will.

The testator/ testatrix (you) must sign the Will on the last page in the space provided.
The testator/ testatrix (you) must sign the Will in the presence of two competent witnesses who must both be present at the same time.
Both witnesses must sign the Will on the last page in the space provided.
The witnesses must not be beneficiaries under the Will.
The witnesses and the testator/ testatrix must sign every page.
All witnesses must be older than 14 years old.

These rules should be followed carefully so that your Will is valid. This also reduces the chances of arguments about your Will after you have passed on. Be sure to store your Will in a safe location. You should tell someone you trust where your original Will is located and what to do with it when you pass away (it should be handed to the Master of the High Court when the estate is registered). Your most recent Will should be the only original copy that exists, you should destroy your old Will and any copies that you have made.

Should you wish to find out more about Metropolitan's financial wellness solution, do not hesitate to visit our website on www.metropolitan.co.za

Metropolitan Client Relations

0860 724 724

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LAST WILL AND TESTAMENT OF

I, a adult , declare this to be my last Will and Testament.

1. REVOCATION

I revoke all previous wills or testamentary writings made by me and declare the same to be void and of no effect whatsoever.

2. APPOINTMENT OF EXECUTOR

I nominate Identity Number as Executor of my Will. I direct that the Executor of my estate is exempted from providing security for the proper performance of the Executors duties.

I give my Executor all powers and authorities as are allowed in South African law, including the power of assumption.

My Executor shall have the power to determine whether or not assets, movable or immovable, of my Estate are to be retained in current form or are to be sold. If any or all assets are to be sold, my Executor shall have the sole and absolute discretion to determine the time, manner and conditions of realization of such assets.

3. NOMINATION OF HEIRS

I bequeath the residue of my estate to my spouse , Identity Number:

4. SUBSTITUTION OF HEIRS

In the event that my spouse predeceases me, I bequeath the residue of my estate equally to all my children, per stirpes.

5. EXCLUSION OF COLLATION

I specifically direct that no beneficiary or heir under this Will shall be required to collate any gifts, donations, sums of money or assets of any type which I may have given to them during my lifetime.

Initial___________________________

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LAST WILL AND TESTAMENT OF

I, a adult , declare this to be my last Will and Testament.

1. REVOCATION

I revoke all previous wills or testamentary writings made by me and declare the same to be void and of no effect whatsoever.

2. APPOINTMENT OF EXECUTOR

I nominate Identity Number as Executor of my Will. I direct that the Executor of my estate is exempted from providing security for the proper performance of the Executors duties.

I give my Executor all powers and authorities as are allowed in South African law, including the power of assumption.

3. NOMINATION OF HEIRS

I bequeath the residue of my estate to my spouse Identity Number

4. SUBSTITUTION OF HEIRS

In the event that my spouse predeceases me, I bequeath the residue of my estate to Identity Number

5. EXCLUSION OF COLLATION

Initial___________________________

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LAST WILL AND TESTAMENT OF

I, a adult , declare this to be my last Will and Testament.

1. REVOCATION

I revoke all previous wills or testamentary writings made by me and declare the same to be void and of no effect whatsoever.

2. APPOINTMENT OF EXECUTOR

I nominate Identity Number as Executor of my Will. I direct that the Executor of my estate is exempted from providing security for the proper performance of the Executors duties.

I give my Executor all powers and authorities as are allowed in South African law, including the power of assumption.

3. NOMINATION OF HEIRS

I bequeath the residue of my estate to Identity Number .

4. SUBSTITUTION OF HEIRS

In the event that predeceases me, I bequeath the residue of my estate equally to all my children, per stirpes.

5. EXCLUSION OF COLLATION

Initial___________________________

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LAST WILL AND TESTAMENT OF

I, a adult , declare this to be my last Will and Testament.

1. REVOCATION

I revoke all previous wills or testamentary writings made by me and declare the same to be void and of no effect whatsoever.

2. APPOINTMENT OF EXECUTOR

I nominate Identity Number as Executor of my Will. I direct that the Executor of my estate is exempted from providing security for the proper performance of the Executors duties.

I give my Executor all powers and authorities as are allowed in South African law, including the power of assumption.

3. NOMINATION OF HEIRS

I bequeath the residue of my estate to all my children, born or unborn, per stirpes.

4. SUBSTITUTION OF HEIRS

In the event that all my children predecease me with no issue, I bequeath the residue of my estate to Identity Number

5. EXCLUSION OF COLLATION

Initial___________________________

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LAST WILL AND TESTAMENT OF

I, a adult , declare this to be my last Will and Testament .

1. REVOCATION

I revoke all previous wills or testamentary writings made by me and declare the same to be void and of no effect whatsoever.

2. APPOINTMENT OF EXECUTOR

I nominate Identity Number as Executor of my Will. I direct that the Executor of my estate is exempted from providing security for the proper performance of the Executors duties.

I give my Executor all powers and authorities as are allowed in South African law, including the power of assumption.

3. NOMINATION OF HEIRS

I bequeath the residue of my estate to Identity Number .

4. SUBSTITUTION OF HEIRS

In the event that predeceases me, I bequeath the residue of my estate to Identity Number .

5. EXCLUSION OF COLLATION

Initial___________________________