Important note - This will is a sample guide and is of a general nature.

Certain additions and alterations may be required to suit your specific needs.
SAMPLE OF A WILL OF A TESTATOR MARRIED OUT OF COMMUNITY
OF PROPERTY BEQUEATHING IMMOVABLE PROPERTY WITH
PROVISION FOR SUBSTITUTION; RESIDUE TO TRUSTEE UPON TRUST;
INCOME TO WIFE UNTIL DEATH OR REMARRIAGE; THEREAFTER
INCOME TO SON UNTIL DEATH; THEREAFTER CAPITAL TO
GRANDCHILDREN; TRUSTEES POWERS
This is the last will of me (name of testator), married out of community of property to
(name of spouse) presently domiciled and resident at (specify).
1 Revocation I revoke all previous wills made by me.
2 Nomination of executor and trustee and waiver of security I nominate (name of
nominated executor and trustee) as the executor of my will and trustee of my estate with
power of assumption and substitution and I hereby direct that he be exempted from
having to find security for the due fulfilment of his duties as such.
3 Legacy I bequeath my immovable property being (description according to title deeds)
together with all buildings thereon to my son (specify) subject to the condition that if he
should die without leaving children surviving him such property shall go to my brother
(specify).
4 Bequest I bequeath the residue of my entire estate to my trustee to be held in trust for
the benefit of the persons hereinafter named.
5 Income of trust
5.1 My trustee shall pay the income from the trust to my wife (name of wife) (specify
period of payment) until her death or remarriage;
5.2 after the death or remarriage of my said wife the income of the trust shall be paid
(specify period) to my son (name of son) until his death.
6 Capital of trust
6.1 After the death of my said son, the capital of the trust shall vest in such of his children
as are living at his death, in equal shares;
6.2 each of the said children of my said son shall receive his or her share of the capital
on attaining the age of (specify) years. If any child who survives my said son shall die
before reaching the age of (specify) years the share of the capital of the estate vested in
such child shall be paid to the executor of such child.
6.3 if my said son shall die without leaving children the capital of the trust shall go to my
brother (name of brother).
7 Powers of trustee

My trustee shall have all powers and authority to administer my
trust and without in any way limiting or detracting from the aforementioned general
powers and authority or in any way limiting or detracting from any further or other rights,
powers and privileges given to my trustee hereunder, I further direct that in the
administration of my trust, my trustee shall also have the following additional powers and
authority which he may exercise entirely at his discretion:
7.1 To preserve and maintain assets to expend money on the preservation,
maintenance and enhancement of the assets in my estate;
7.2 to retain existing investments; to realise and reinvest to leave my estate or any
portion thereof invested as it may be found at my death for such period as he in his
discretion deem fit or upon trust to sell (whether by private treaty or public auction, as he
in his discretion may decide), realise, call in or convert into cash so much thereof as they
may from time to time in his discretion deem fit, with power to invest the proceeds of any
realisation and any amounts from time to time in his hand in such manner as he in his
discretion deems fit, and to realise, reinvest and vary any such investments from time to
time. Without detracting from the general powers conferred, I expressly direct that my
trustee shall have the power to take up any rights, bonus shares or other advantages
attaching to any shares which may be held by him;
7.3 to invest and reinvest to invest my estate or any monies or assets forming part
thereof in the purchase of such stocks, funds, shares, securities or other investments or
property, movable or immovable, of whatsoever nature and wherever situate and whether
involving liability or not, and whether producing income or not, or upon such personal
credit, with or without security, as my trustee shall in his sole and absolute discretion
thinks fit, including the purchase of any property or a residence for any heir, and the
purchase of movables for the use of such heir, to the intent that my trustee shall have full
and unrestricted powers of investing and reinvesting and laying out monies in all respects
as if he were absolutely entitled thereto beneficially and in the exercise of this power my
trustee shall not be liable for any loss to our trust arising from any investment or purchase
made in good faith;
7.4 to improve and develop immovable property to improve and develop any
immovable property by erecting buildings thereon or otherwise, to preserve and maintain
any such buildings, to let or lease any such or other buildings and to demolish any
buildings;
7.5 to carry on any business to carry on or dissolve any business, company, venture or
partnership in which I may have been engaged at the time of my death;
(Alternative clause : to carry on or discontinue as he in his discretion deems fit any
business or partnership which forms part of my estate);
7.6 to borrow to borrow for any of the purposes of the administration of my trust from
time to time such sums of money on such terms and conditions as he may think fit, with
power from time to time to consent to any variations or alterations of the terms of any
such loan, and to mortgage or pledge, either generally or specially, any asset constituting
portion of my trust, and to make, sign, execute, and cause to be registered such mortgage
bonds or deeds of hypothecation as may be requisite and, if considered fit, to borrow
afresh on security or otherwise for the purpose of repaying any such mortgage or pledge;
(Alternative clause : to borrow money in such amounts and upon such terms as he may
determine for the purpose of discharging any liabilities of my estate or trust or generally
for the purpose of administering my estate or trust and to secure such borrowing by the
mortgage or pledge or other charge of or on any assets which are held by him from time
to time);
7.7 to lend to lend money with or without interest, or with or without security, and
generally upon such terms as he may in his sole and absolute discretion think fit;
(Alternative clause : to make secured or unsecured loans with or without interest to
beneficiaries or to any companies in which my trustee in his representative capacity or
the beneficiaries from time to time hold shares);
7.8 to vote to exercise the voting power attached to any shares in such manner as he
may in his sole and absolute discretion think fit in the best interest of my trust or my heirs
hereunder;
7.9 to grant credit to grant credit in respect of the whole or any portion of the purchase
price, with or without security and with or without interest, as he in his sole and absolute
discretion may consider fit, whenever effecting the sale of any assets constituting portion
of my trust;
7.10 to decide what monies represent capital and what income to determine whether
any amount received by him represents for the purposes hereof capital or income,
provided that all profits made on the realisation of investments or other assets shall be
regarded as capital. Any determination made by my trustee as aforesaid shall be final and
binding on all heirs;
7.11 to decide whether expenditure should fall on capital or income to determine
whether any expense incurred in the administration of my trust or in relation to any
property for the time being comprised therein should be defrayed out of capital or income
or partly out of the one and partly out of the other and if so in what proportions;
7.12 to pay heirs in cash or kind to pay or make over any amount due to an heir under
this will in cash or in kind and, whether for the purpose of payment to an heir or for the
purpose of allocating assets to or for the purpose of the various trusts to be administered
by them, to distribute assets of my trust in such manner as he considers fit in accordance
with valuations made or obtained by him;
7.13 to defer the payment of inheritances to defer the payment of any inheritances in
order to avoid liquidating any of my business interests or other assets at a time when he
in his discretion considers it inadvisable to do so;
7.14 to grant powers of attorney to grant a special power of attorney or a general
power of attorney to a trustee or to any other person to carry out all or any of his duties as
such and to cancel such powers of attorney at any time;
7.15 to guarantee debts to guarantee debts on such terms as he in his discretion may
determine including the renunciation of the legal benefits;
7.16 to permit occupation or use of trust property in his discretion to allow any
person to occupy any immovable property or use any movable property forming part of my
estate or trust;
7.17 to open and operate a banking account to open a banking account in the name of
my estate and trust and to deposit therein all monies not immediately invested and to
withdraw therefrom any monies required for the purposes herein mentioned;
7.18 to employ representatives to employ representatives, whether attorneys, counsel,
bankers, secretaries, accountants, auditors or brokers, to transact all or any business of
whatsoever nature required to be done in connection with my estate and my trust herein
created and to pay all such charges and expenses so incurred as a first charge against
my estate or trust and my trustee shall not be liable for the default of any such
representatives, or for any loss occasioned by such employment;
7.19 to engage in legal proceedings to institute or defend legal proceedings.
Signed by me at (place) on (date) in the presence of the undersigned witnesses all of us
being present at the same time.
AS WITNESSES:
..................................................
.................................................. ..................................................
(Signatures of two witnesses) (Signature of testator)
Source: Rosslyn Personnel