# General Business Category > General Business Forum >  Last will and testament

## AndrewD

Where can I post a question regarding the topic?

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## Dave A

Seems you succeeded.

 :Big Grin:

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## Chrisjan B

I agree!

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## AndrewD

Hmm, OK.

A father (family in law) has a written and signed last will and testament in favor of his children. In one occasion he said verbally in front of his lawyer and one child that that child can get a certain property, but nothing of that conversation is in writing. The father also promised some property to the other children, but not in front of the lawyer. Now that one child claims the property and the lawyer is confirming it. The other children is disputing that claim and say it must be divided as in the written will.

What is the law saying regarding such a case.

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## KimH

I'm not a lawyer and couldn't give you a legal angle, however I can tell you from personal experience that when my father passed away a few years ago, my brother raised a dispute with regards to property - after many months of lawyers hashing it out,  the end result was that my father's last written wishes were honored.  

My condolences to your family and I hope everything gets resolved - it has been my experience that death, wills and money can bring out the worst in people.

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## Justloadit

> My condolences to your family and I hope everything gets resolved - it has been my experience that death, wills and money can bring out the worst in people.


Amen to that, seen it a number off times.

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## sterne.law@gmail.com

The written will is KING!!!
Strange that an attorney is "testifying", attorney client privilege?

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## Johann D Landsberg

i agree, the written will is the only one that will be accepted

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## lawbinded

But also remember. If the will does not name the assets in question, those assets will be divided in accordance with the rules of intestate succession. This means those assets will be divided equally among the closest relatives/_per stirpes_ . _(Harris v Assumed Administrator, Estate MacGregor)
_

Just a thought...

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## JamesLast

The law would honour the father's last written will and not that was verbally agreed upon.
JamesLast

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## Lena

Hi There. I live in Cape Town, how can I obtain a copy of a Last Will and Testament?

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## Dave A

Is it your will, or the will of someone who is deceased?

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## ChrisToulson

Hi

My condolences to your family. The law will honour the fathers written will. That is why it is important to update your will as regularly as possible to avoid such conflicts.

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