FISA: Use an expert to draft your will
19 June 2012
Ang?lique Visser, Chairperson of FISA
Ang?lique Visser, Chairperson of FISA
The Fiduciary Institute of South Africa (FISA) has stressed the need for members of the public to use a qualified person to draw up their will.
This follows a recent Supreme Court decision on the disputed interpretation of a will after the testator’s death as it, amongst other things, did not adhere to the formalities required in drafting a will (
Raubenheimer v Raubenheimer and Others (560/2011) [2012] ZASCA 97 (1 June 2012). Clearly frustrated by the frequency of such disputes, Judge JA Leach started his judgment with the unusual comment:
“It is a never ending-source of amazement that so many people rely on
untrained advisors when preparing their wills, one of the most important documents they are ever likely to sign.”
Angélique Visser, Chairperson of FISA, said that members of the public could consider using aFISA member to draft their will as they would then be assured of a minimum high standard and protection from unscrupulous practitioners.
“FISA has over 700 individual members, drawn from trust companies and banks, as well as the legal, accounting and financial planning professions. FISA’s objectives are to raise the standards of fiduciary practice in South Africa and protect the public. Our members are required to adhere to the FISA code of ethics and if membership is terminated due to non compliance, this is published on FISA’s website and in the media”, she said.
Ms Visser said that FISA encourages every South African to have a will. The institute advises against do-it-yourself wills, as even the simplest of wills needs to be understood in the context of a person’s particular affairs. Furthermore, wills need to adhere to certain formalities such as signing in the presence of two witnesses. Ifthese formalities were not adhered to, there was no guarantee that the willwould stand up in a court of law.
To find a FISA practitioner in your area, email
willsquery@fidsa.org.za