You are consulted by Sam and Mary Sithole in connection with their Will. They are a young married couple with two children, a son Pano of 12 years and a daughter Samantha of 8 years.

You are consulted by Sam and Mary Sithole in connection with their Will. They are a young married couple with two children, a son Pano of 12 years and a daughter Samantha of 8 years.

Sam and Mary are married out of community of property without the accrual system.

They want the survivor of them to be the sole heir of the first-dying.

They are however concerned about the possibility that something untoward might happen to both of them whilst travelling together, in which event they wish their respective estates to devolve upon their children in equal shares.

If they die simultaneously and their children have not yet attained the age of 25 years, it is their wish that their children’s inheritance must be administered by the trustees of a testamentary trust, to be created in their Will, until their children reach the age of 25 years.

Draft a valid Joint Will for your clients. It is not expected of you to include the clause

setting out the powers and duties of the trustees and the clauses dealing with the distribution of the trust income.