SmartWill SYSTEM TERMS AND CONDITIONS OF USE
The SmartWill system, which includes the website smartwill.co.za and the supporting cloud/web based system (“the SmartWill system/ the System”), together with the Provider, all its affiliates, respective partners, officers, directors, employees, subsidiaries, contractors, sponsors or agents may not be construed as giving financial advice nor be regarded as a definitive analysis of any financial, legal or other issue. Individuals must not rely on any information on smartwill.co.za to make a financial or investment decision. Before making any decision, we recommend you consult a financial planner/advisor to take into account your particular investment objectives, financial situation and individual needs. Should you require assistance in the Financial Planning for your Estate, please seek out the services of a Financial Service Provider registered under the Financial Advisory Services Act 37 of 2002.
CliqTech (Proprietary) Limited (Company Registration Number: 2018/623557/07) (“The Provider”) is not a registered Financial Service Provider as defined in terms of the Financial Advisory and Intermediary Services Act 37 of 2002, makes no presentations as such and does not hold itself out to be a registered Financial Service Provider.
TERMS AND CONDITIONS
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User/you/your”) use of the SmartWill system By accessing and using the SmartWill system , the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not use, access, display, use, download, and/or otherwise copy or distribute content obtained on the SmartWill system.
These Terms and Conditions become effective when you access the SmartWill system for the first time. The current version of these Terms and Conditions governs our respective rights and obligations each time you access this SmartWill system.
A certificate signed by the administrator responsible for maintaining this SmartWill system will be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms and Conditions.
On each login to the SmartWill system via smartwill.co.za, you will be asked to reconfirm your acceptance of the version of the Terms and Conditions current as at that time. Although we take all steps to ensure the correctness of your Will, you as the client warrant that you have read the draft Will as provided by SmartWill before signature and by signing the Will, you confirm and acknowledge the correctness thereof and that no guarantees or warranties are made to you regarding the content, correctness and legality of your Will.
REGISTRATION AND USE OF PASSWORD
The SmartWill system is only made available for Users over the age of 18 years.
Your identity number is personal to you and you may not allow any others to use your identity number under any circumstances. The Provider is not liable for any harm caused or related to the theft or misappropriation of your identity number, disclosure of your identity number, or your authorization of anyone else to use your identity number. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your identity number or any other need to deactivate your identity number due to security concerns.
UNIQUE PINS ARE ISSUED ON A PERSONAL BASIS AND EMAILED/SMS’D TO YOU ON REQUEST TO GAIN ACCESS TO THE SYSTEM. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PIN NUMBER ON THE SMARTWILL SYSTEM WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your pin, whether or not made with your knowledge or authority and you hereby indemnify SmartWill against any damages, whether incidental, direct, indirect, special or consequential damages and including without limitation, lost revenues or lost profits arising from or in connection with your pin number being presented on the SmartWill system without your knowledge or authority. You agree to guard your pin carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the SmartWill system for which you will be legally responsible.
You expressly give consent, by becoming a registered User of the SmartWill system that any and all information posted by you and collected and stored on your behalf on the SmartWill system for purposes of utilising the products and services offered on and through the SmartWill system and as set out in clause 9.3 below, is posted, collected and stored with your express consent . Under no circumstances shall the Provider or any of its affiliates, respective partners, officers, directors, employees, subsidiaries, sponsors or agents be held liable for any damages, whether incidental, direct, indirect, special or consequential damages and including without limitation, lost revenues or lost profits arising from or in connection with the posting, collection and storage of your personal information on the SmartWill system whether incurred by you or any other third party.
USE OF AND RENEWAL/UPDATE OF THE SERVICES
The Services are those services as defined at clause 9.3 below.
In order to utilise the Services as defined, the User is required to:
update on the System annually by accessing the SmartWill website and updating your Snapshot (as defined in clause 9.3).
ensure that at all stages the email address and contact details of the User remain correct and updated and the User has provided SmartWill with notice of any changes during the course of each annual period;
In order to assist the User to utilise the Services, smartwill.co.za will:
Notify the User of the necessity to update their Snapshot on the System via email;
Provide the User with a copy of the User’s most recent Snapshot for quick confirmation of details or in order to make the necessary updates and amendments on the System;
RULES OF CONDUCT
Your use of the SmartWill system is subject to all applicable national laws and regulations and, in some cases, international regulation. You, the User are solely responsible for all activities, acts and omissions that occur in, from, through or under your identity number and the Provider shall not, under any circumstances, be held liable to any third parties for any activity, act or omission that may occur from, through or under your identity number or password or through your use of the SmartWill system. You shall not use, allow, or enable others to use the SmartWill system, or knowingly condone use of this SmartWill system by others, in any manner that is, attempts to, or is likely to:
be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on the Provider, the SmartWill system, the Provider’s goodwill, name or reputation or cause duress, distress or discomfort to the Provider or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the SmartWill system, or from advertising, linking or becoming a supplier to the Provider in connection with the System;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other system or website pages;
transmit, distribute or upload programmes or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
create a false identity for the purpose of misleading others;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the Republic of South Africa), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of the Provider or of any other person, firm or enterprise; gain unauthorized access to the SmartWill system, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the SmartWill system or to use the SmartWill system in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the SmartWill system or the rights of use and enjoyment of the SmartWill system by any other person, firm or enterprise.
Should the Provider determine that you have, in its opinion, breached one of the Rules of Conduct set out in clauses 7.1 to 7.1.8 above, the Provider reserves the right to remove your access to the SmartWill system and prevent you from remaining as a User on the SmartWill system.
UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this SmartWill system. However, it remains the User’s obligation to read these Terms and Conditions when logging on to familiarize yourself with any and all changes and updates. The User’s continued use of this SmartWill system following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
SUPPLIER OF SERVICES DETAILS
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2002, the Provider, as the provider of services offered for hire or by way of an electronic transaction, makes the following information available to consumers:
Provider is CliqTech (Proprietary) Limited (Company Registration Number: 2018/623557/07) (hereinafter referred to as “Provider”), a private limited company by shares duly registered and existing under the laws of South Africa registration number: (2009)/(011113)/07, with its physical address at (22 Braamfisher Drive Linden, Johannesburg, 2194), Tel (011 568 2397). Provider’s place of registration is (4 Los Angeles Drive Northcliff Ext 15, 2195) and Provider will accept legal service at (4 Los Angeles Drive Northcliff Ext 15, 2195). Provider’s directors and office bearers are: (Mr Zale Clarendon Hechter, Director; Mr Michael Terence Hinton, Director; Mr Champ Thekiso, Director). The main business of Provider is the supply of digital fiduciary services;
Provider’s website is smartwill.co.za and its email address is email@example.com.
“SmartWill/ SmartWill Services” means a digital estate planning service that provides an authorized and registered member (“the User”) with the means to access and manipulate their own stored/saved information from a secure remote location (“the Product”). Utilizing this information, a summary of all relevant aspects of the Estate (“the Snapshot”) and a unique Last Will and Testament (“the Will”) is provided for each User. The User is required to remotely update their Snapshot annually to ensure the information remains current. The information is maintained until the user dies when this occurs we distribute the Snapshot to the nominated Executor along with a step by step guide on how to administer the deceased’s Estate.
Terms and conditions of download: Services offered through this SmartWill system by the Provider are strictly on an “as is” basis Warranties and representations are hereby expressly excluded. In case of defect, User may notify the Provider within 24 hours of becoming aware of defect by email to the following address (info@ smartwill.co.za). User’s cooling-off rights under s 44 of ECTA do not apply in terms of s 42 of ECTA.
Complaints and disputes: Provider offers Users to e-mail complaints to info@ smartwill.co.za via the “Contact us” service of the website smartwill.co.za. Currently Provider does not subscribe to any alternative dispute resolution code or mechanism.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
10.1 The Provider is the proprietor of copyright and other intellectual property rights in all matter on this System, unless otherwise noted. The User is permitted to download and print matter from this System only for the purposes of retaining his/her personal information in a paper format. No other license is granted to the User. All trademarks on this System are the Provider’s registered and unregistered trade marks, or those of third parties. Nothing on this System may be construed as granting any license under any such trade mark.
10.2 The User may not, without the Provider’s prior written permission, use our intellectual property or that of third parties for any other purposes.
10.3 An application to use our intellectual property must be submitted to the SmartWill system administrator. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within five business days, consider your request as having been rejected.
10.4 Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the SmartWill system, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
SmartWill SYSTEM MAINTENANCE
We may suspend this System, and restrict access to the entire System or any part thereof, without prior notice to you in order to update or maintain the SmartWill system.
SUSPENSION AND/OR TERMINATION OF SERVICES
We are entitled, without prejudice to any other rights we may have, to suspend and/or terminate the provision of the services to you:
if you are in breach of any of the terms of this Agreement, and/or any other of our policies applicable to your use of the services and incorporated by reference into this Agreement, and you have not rectified your breach within 14 (fourteen) days of us calling upon you in writing to do so;
you are in breach of our Rules of Conduct set out above and have not provided us with the information we request in order for us to investigate your use of our services within 5 business days of our request;
immediately if we have reason to believe that your use of the services is fraudulent or negatively impacting the operating capability of the services;
immediately if we are notified of or suspect unauthorized access or use of your account or have another security concern, to assess and contain the situation.
immediately if we determine, in our sole discretion, that providing the services is prohibited by law;
on 7 (seven) days written notice to you, if we determine in our sole discretion that it has become impractical or unfeasible for any legal or regulatory reason to continue to provide the services; and/or
if you have not paid any amount due by you in terms of this Agreement on its due date, and have not rectified such non-payment within 14 (fourteen) days after receipt of a notice from us requiring you to do so, in which case the provision of the services may be suspended until the outstanding account fees have been paid.
In addition to the provisions of clause 12.1, this Agreement may be terminated by either one of us at any time by providing the other with thirty (30) written notice of its intent to terminate.
You may terminate our services at any time by notifying us via e-mail at info@ smartwill.co.za
LIMITATION OF LIABILITY
Subject to ss 43(5) and 43 (6) of ECTA, if applicable, and to the extent permitted by law, the SmartWill system and all Content on the SmartWill system, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, suppliers, employees, directors partners, affiliates and agents shall not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Providers make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the SmartWill system or any functionality thereof, or of any linked websystem, even if Provider is expressly advised thereof.
NOT LIABLE FOR THE EFFECTS OF USE OF THIS SYSTEM
PRIVACY AND DATA PROTECTION AND ACCESS:
Any personal data of this kind that you submit on this System will be used for the purpose specified in the relevant part of the System and for other purposes for which you give your consent.
The Provider takes all reasonable steps in line with best practice to protect your personal data and privacy. However, given the nature of the medium we cannot guarantee the security of any information that you disclose online. In so far as legally permissible we disclaim any liability which might arise in relation to any information that you input on this System or send to us on the Internet.
In your day-to-day dealings with the Provider, we obtain Personal Information (PI) about you. We want you to understand who you are sharing your PI with, what kind we are collecting and how we use it.
PI does not include any anonymous, de-identified, or statistical information – provided that it cannot be linked back to you. Any information that you disclose to us which is not personal data or of a personal nature, such as suggestions, comments, concepts, ideas, know how or otherwise, will be treated as non-confidential and we will be free to use information of this kind as we think fit.
Your PI forms part of the data that you consent to providing us in accordance with these Terms and Conditions with you.
This privacy notice forms part of our Terms and Conditions with you.
You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Clause, as well as the transfer and processing of your information within the Republic of South Africa where we have or use facilities, service providers, or partners, regardless of where you use our services. You acknowledge that the laws, regulations, and standards of South African Privacy Legislation may be different from those of your own country. This Legislation includes: personal information as detailed in the Protection of Personal Information Act 4 of 2013 (“POPI”); Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA .
Provider may electronically collect, store and use PI. Provider voluntarily subscribes to s 51 of ECTA and endeavors to treat PI received by Provider accordingly. Whenever User is of the opinion that Provider fails to comply with s 51 of ECTA, User shall contact Provider by sending an email to [info@ smartwill.co.za]. Provider will review User’s representations made by email and, if within Provider’s sole and absolute discretion advisable, take corrective action and in any event within  of days respond to User informing about corrective actions taken, if any. Despite such undertaking, it is possible for Internet-based communications to be intercepted even with the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Providers will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Provider through the Internet, or that you expressly or implicitly authorise the Providers to make, or for any errors or any changes made to any transmitted information
Who are you sharing your information with?
Sometimes we may need to share your PI with others in order to provide our services to you or if we are legally required to.
We do not sell or otherwise share your information with third parties unless you have given us consent.
In order to deliver our services we may have to share information with third party service providers. We only do so on your instruction and we will only share the information which they need. How they deal with the information is subject to their own policies.
We also make use of consultants who need access to information in order to do their jobs. These service providers are not entitled to use the information for any other purposes, must keep it confidential and have given us reasonable assurances that the information is safe.
Sometimes we may need disclose your information to a third party if:
we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or a government request;
to enforce our contracts and policies;
to protect the security and integrity of our services;
to protect ourselves, our other customers and the public from illegal activities; or
to respond to an emergency which we believe in good faith requires us to disclose information.
If we go through a corporate sale, merger, reorganisation, dissolution or similar event, your information may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of the Estate Plan companies may continue to use the information as explained in this notice.
We will require anyone that we share your PI with to honor this policy whenever possible in terms of applicable law.
We will take reasonable steps to protect your PI and should your personal information be disclosed or we suspect that it was disclosed, we will notify you immediately.
What information we collect and why?
We collect this information for all the obvious reasons:
we want to provide our services to you;
bill you (and get paid);
communicate with you about your account;
recognize you when you communicate with us or want access to your account;
make sure that you actually exist (that you are not a fraudster);
comply with any legislation or regulation which requires us to collect the information; and to
check your references.
When you interact with our support, sales and account management teams, we pick up personal information in order to effectively assist you. Here are some examples:
Our support team will gather account data and information about your question or problem so they can help you.
The sales and account management team will gather information about your use of our services and business requirements so they can give you appropriate advice on what the best service is for you. This type of information will also be used to improve our services and to train our employees.
When you use our services, ‘customer data’ is generated and collected. This includes your, and your account users’, personal information (name, contact details, billing address etc.), billing records, call or messaging logs, traffic routing information and the content of communications sent through or integrated with our services (e.g. the content of your SMSs, e-mails or chats).
There are many reasons why we have to collect ‘customer data’:
You are able to view some of the information on your account.
We need some of the information (for instance the content of your messages) to provide our services.
We use the data to manage and route traffic, to analyze and improve our services and to identify and solve problems.
Sometimes we are required by law to have this information to assess and report on whether you are complying with all regulatory requirements.
We do this to understand our customer base better and to tailor the information which we send to you.
We may also verify the information which you provide for purposes of fraud prevention and to ensure the accuracy of the information you provided to us.
Furthermore, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
Privacy: casual surfing: The User may visit the SmartWill system without providing any personal information. The User accordingly hereby grants express written permission for the System servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the SmartWill system, pages viewed, etc. Provider uses this information to determine use of the SmartWill system, and to improve Content thereon.
Privacy: unsolicited information: The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by Provider of the Information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party; and
Privacy: solicited information the User gives to Provider: Provider receives and stores all Information, including Personal Information which the User enters on the SmartWill system or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries.
Privacy: promotional information: Provider aspires to provide first-class service to its Users, which necessitates Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to (info@ smartwill.co.za).
Privacy: lawful purposes: When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so upon first providing the User with notice of the legal process and its requirement. Provider may also impart Personal Information if permitted or required to do so by law.
Privacy: surveys and statistical profiles: Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, Provider may chose to use Personal Information to compile profiles for statistical purposes and may chose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
You can opt-out of remarketing by visiting the link below:
To Opt Out click: http://optout.aboutads.info/?c=2&lang=EN
CHOICE OF LAW
This SmartWill system is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa. Access to the SmartWill system from territories or countries where the Content is illegal is prohibited. The User may not use this SmartWill system in violation of South African Privacy Legislation and regulations. If the User accesses this SmartWill system from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the South Gauteng High Court, Johannesburg, in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this SmartWill system.
If any provision of these terms is unlawful or void or for any reason unenforceable, then that provision shall be severed from the rest of the terms and shall not affect the validity and enforceability of the rest of the terms.
The SmartWill system may contain links to other websites. The links to other websites are for the User’s convenience and the Provider does not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the website.
The Provider may use the services of other organizations to provide information on the SmartWill system. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Although reasonable care is taken, information on this System may contain errors or be incomplete or become outdated. Use of this System may be interrupted, information may become corrupted, and defects may remain uncorrected. This System may not at all times be free of viruses. You acknowledge that communication to and from you may become distorted or may be lost for technical reasons as it is communicated over the Internet.
PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this System or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
An application for linking must be submitted to the SmartWill system administrator. Once received we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within five business days, consider your request as having been rejected.
Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
“Cookies” are small amounts of information stored by your computer. Our server may issue cookies to your computer so that we can better serve you when you return to our System. You can set your browser to notify you when you receive a “cookie” giving you the chance to decide whether to accept it.
By using this SmartWill system communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
TERMS AND CONDITIONS FOR HAVING AN SmartWill WILL:
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Last Will and Testament Service offered by the SmartWill system located on smartwill.co.za. By accessing and using the SmartWill, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not utilize the SmartWill l obtained on the SmartWill system.
These Terms and Conditions become effective when you access the SmartWill on the SmartWill system. The current version of these Terms and Conditions governs our respective rights and obligations each time you access the SmartWill system and SmartWill.
A certificate signed by the administrator responsible for maintaining this SmartWill system and the SmartWill, will be prima facie proof of the date of publication and content of the current version of the Terms and Conditions as at that date and all previous versions of the Terms and Conditions are null and void.
The SmartWill as provided to you on the SmartWill system has been drafted by qualified attorneys at law and the Executor Function performed by CliqTech (Proprietary) Limited (Company Registration Number: 2018/623557/07) is overseen by a qualified attorney/s.
INSTRUCTIONS FOR COMPLETION AND SIGNATURE OF YOUR SmartWill:
It is very important that you complete and sign your SmartWill properly and correctly otherwise it can be contested and set aside by the courts.
After your SmartWill has been emailed to you with all the completed information already included in it (because you used SmartWill properly), you need to: -
Print out two copies of Your Last Will and Testament.
Sign each page of Your Will in full at the bottom of the page
(where it says Signed by: Testator/Testatrix______________).
Get two witnesses to sign each page of your Will in full at the bottom of the page (where it says Witness1 and Witness 2).
IT IS VERY IMPORTANT THAT THE PEOPLE WHO SIGN AS YOUR WITNESSES ARE NOT INHERITING (GETTING ANY MONEY OR ASSETS) A GUARDIAN, AN EXECUTOR OR A TRUSTEE IN YOUR WILL. IF THEY ARE, AND THEY SIGN THEY WILL NO LONGER BE ABLE TO INHERIT OR UNDERTAKE THEIR MANDATED FUNCTIONS.
You must sign and date the last page of your Will in the place that says, “Testator/Testatrix signature.
Your two witnesses must complete the information on the last page of your Will and sign in the place that says “Sign”.
You must ensure that you sign the Will at the same place and time as the Witnesses, witness your Will.
Should you not be able to sign your Will due to disability or incapacitation please contact SmartWill at info@ smartwill.co.za for assistance.
Should you require a Living Will please email us directly. For further assistance please email us on info@ smartwill.co.za.
As a User of the SmartWill system, SmartWill offers discounts to you on the winding up of your estate subject to the total value of the Estate and that you have opted for the SmartExecutor service and the annual fee has been paid and up to date for the SmartExecutor service. SmartWill undertakes to make its Schedule of Fees available to the User electronically on an annual basis at the same time that you are requested to update your Snapshot and your SmartWill.
Should the Executor ascertain that the estate of the User as stipulated in the User’s SmartWill Will includes reference to assets that have not been finally transferred into the name of the User prior to your death e.g. a property that was left to you either intestate or testate by a parent, then Estate Plan reserves the right to charge the full Executor’s fee permissible in terms of the laws of the Republic of South Africa for the winding up of the earlier estate prior to commencing on the finalisation of your Estate.
In terms of the Administration of Estates Act of 1965, should the Estate have a Total Asset Value of less than or equal to R250 000.00 it is deemed to be a Section 18(3) Estate. To have your Estate finalised for free your Snapshot of you Estate must have been updated in the last 12 months preceding your death. You need to have opted for the SmartExecutor service, the annual fee must be paid and up to date for the SmartExecutor service. The free service will include:
Reporting the deceased estate to the Master of the High Court and obtaining a Letter of Authority.
Opening of an Estate late bank account, if necessary.
Closing of all the deceased's bank accounts
Distributing any cash in the Estate late bank account to heirs.
Failing this annual update and not having opted for the SmartExecutor service, Estate Plan will provide a quotation to your beneficiaries and/or family members to wind up the Section 18(3) estate on behalf of your beneficiaries. Should the quotation not be accepted by your beneficiaries/Executor, Estate Plan reserves the right to renounce its appointment as the executor and to defer to the nominated the alternative executor as the User’s Executor.
Should your Snapshot be up to date and you have opted for the SmartExecutor service Estate Plan will act as the Executor at no charge to the User’s Estate. This will however not include the following:
Estates that are insolvent.
Estates where there are civil disputes or court actions of any nature are pending or ongoing as at the time of death of the User, including but not limited to disputes between potential beneficiaries regarding the validity of the will or which version of the will is valid, who the correct beneficiaries are and legal disputes involving fixed property.
Finalising outstanding income tax returns.
Transfer cost for the transfer of any movable or immovable property in the Estate.
Any other Service not described in Paragraph 4.2 above, subject to the sole discretion of the provider.
UPDATING OF YOUR SmartWill
You may access the SmartWill on the SmartWill system at any time to update your Last Will and Testament. You undertake to always ensure your SmartWill is properly signed and witnessed as per section 2 above.
You will be reminded electronically to update your SmartWill on a yearly basis by the Provider.
You undertake to update your personal contact details including but not limited to email addresses, postal addresses and cellphone numbers on a regular basis to ensure that at all times SmartWill can contact you and your family.
6.1 The SmartCheck service is renewable annually.
6.2 The service will run a check on the first day of the month in real time against the South African Department of Home Affairs to determine the User’s death status and proactively inform the User’s dependents of the existence of the will held in safe-keeping with Estate Plan for 12 consecutive months.
6.3 SmartWill is reliant on third parties to provide the SmartCheck service. As a result, SmartWill can not guarantee the service’s accuracy and availability.
COLLECTION AND STORAGE OF YOUR SmartWill
SmartWill will facilitate the collection of the SmartWill should the User have elected to purchase the SmartStorage service. The SmartWill service is payable annually and allows for the collection of the new or updated will once a year at or after the date of annual renewal of the service. Storage of the will will be facilitated by Estate Plan as the Executors.
Should the User decline to use the SmartStorage Service or fail/refuse to deliver/courier the first SmartWill Will or fail/fail to deliver/courier an original copy of the further/later amended SmartWill Will to our offices, the User undertakes to inform his/her next of kin as to where the original SmartWill is so that Estate Plan can proceed with the winding up of the User’s estate upon death.