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LAST WILL AND TESTATMENT
Of
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1. HEADING
This is the last will and testament of me JOHN JACK MODISE, married out of
community of property to ANGELA MODIS, formerly MATOME, identity number
xxxxxxx presently residing at PLOT 123, TUMAINI AVENUE, EXTENSION 10
GABORONE.
OR
This is the last will and testament of us JOHN JACK MODISE, identity number
xxxxxxx and ANGELA MODISE, formerly MATOME, identity number xxxxxxx,
married in of community of property to each other and presently residing at
PLOT 123, TUMAINI AVENUE, EXTENSION 10, GABORONE.
2. REVOCATION CLAUSE
I/We hereby revoke all previous wills, codicils and other testamentary acts
hereto made by me/us.
3. APPOINTMENT OF AN EXECUTOR
I nominate my wife Angela Modise as executor of my last will and testament . I
direct that my executor shall be exempt from having to furnish security to the
master of the high Court.
4. APPOINTMENT OF HEIRS AND LEGATEES
4.1 LEGACY
I hereby bequeath my antique Volkswagen beetle to my son Timothy
OR
We hereby bequeath our home plot 123 Tumaini Avenue to our daughter
Amanda.
4.2 APPOINTMENT OF RESIDUARY HEIR
I hereby bequeath the residue of my estate to my children in equal shares.
4.3 LEGACY WITH SUBSTITUTION
I bequeath P 50 000 to my brother Tumelo or to his wife Jane should he
predecease me.
4.4 RESIDUARY BEQUEST TO A SPOUSE IN A JOINT AND MUTUAL WILL
We bequeath the residue of our estate to the survivor of us provided that he
or she survives the first dying by a period of 30 days. Should the survivor die
within a period of thirty days of the first dying, we bequeath our estate to
our children in equal shares.
TESTATOR AND EACH WITNESS MUST SIGN EVERY PAGE
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4.5 RESIDUARY BEQUEST TO A SPOUSE IN A SINGLE WILL
I bequeath the residue of my estate to my wife Angela provided that she
survives me by a period of 30 days. Should she predecease me or die within
30 days of me, I direct that my estate shall devolve as follows:...
4.6 CONDITIONAL BEQUESTS
Suspensive condition: I hereby bequeath my antique Volkswagen beetle to
my son Timothy provided that he completes his law degree failing which the
vehicle shall devolve to my daughter Amanda.
Resolutive condition: We bequeath our home plot 123 Tumaini crescent to
our daughter Amanda. Should she marry Mathata Mafikizolo, the house shall
devolve on our son Timothy.
Modus: I leave my house plot 123 Tumaini Avenue to my son timothy
provided he care for my beloved dog “Buster” for the rest of Busters life.
4.7 CREATING A USUFRUCT
I bequeath my house 123 Tumaini Avenue to my children Timothy and
Amanda in equal shares subject to a lifelong usufruct in favour of my wife
Angela.
4.9 CREATING A FIDEICOMMISSUM
I bequeath my farm to my son Timothy. Upon his death my farm shall
devolve to his son.
4.10 CREATING A TRUST
We bequeath the residue of our estate to the executors in trust for the
maintenance education and general welfare of our children Timothy and
Amanda subject to the following rights and powers:…
Or
I bequeath P 100 000 to my executor in trust for the purpose of maintenance
of my collection of Khoisan Art subject to the following rights and powers:…
5 CLAUSE EXCLUDING MARITAL POWER
I direct that any beneficiary taking under my will shall take for his or her sole
benefit free from free from the debts of and excluded from community of
property and accrual with a spouse.
6 APPOINTMENT OF A GUARDIAN FOR MINOR CHILDREN
Should any of our children still be minors at the death of the survivor of us, we
appoint Dingaan Modise to be the guardian of such minor children. we direct that
TESTATOR AND EACH WITNESS MUST SIGN EVERY PAGE
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the said guardian shall not be required to furnish security for acting in that
capacity.
7. CLAUSE WITH ACCRUAL
I bequeath my farm Talana to Timothy and Amanda.
8. CLAUSE INCLUDING OR EXCLUDING COLLATION
I bequeath my entire estate to my children Timothy and Amanda. The executor
shall take into account benefits bestowed upon Timothy to enable him to establish
a law practice and Amanda to put her through fashion design school. The
amounts so applied or used shall be brought (not be brought) into account as part of
the capital, share or interest to which each beneficiary may become entitled.
7 ATTESTATION CLAUSE
SIGNED BY ME AT GABORONE THIS _________ DAY OF _______ 2012 IN THE
PRESENCE OF THE UNDERSIGNED WITNESSES ALL OF US BEING PRESENT AT THE
SAME TIME.
TESTATOR________________
AS WITNESSES
1.__________________
2.__________________
8 CERTIFICATION CLAUSE (WHERE REQUIRED IN TERMS OF SECTION 3 (1) a (v)
WILLS ACT)
I _____ (full name) ____________________ of __ (address)__________ in my
capacity as commissioner of oaths/justice of the peace/ administrative officer/
notary public certify that i have satisfied myself as to the identity of the
testator _ (full name)_________________ and that the accompanying will is the
will of the testator.
Signature ___________________________
Capacity______________________
Date___________________________
Place_____________________________
TESTATOR AND EACH WITNESS MUST SIGN EVERY PAGE
