WILLSFOREVER (PTY) LTD
TERMS AND CONDITIONS AND PRIVACY POLICY
1. INTRODUCTION
These Terms and Conditions and Privacy Policy (“Terms”) govern your access to and use of the Willsforever online will platform (“the Platform”).
By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must refrain from using the Platform.
2. DEFINITIONS
For purposes of these Terms:
“Willsforever” Willsforever (Pty) Ltd, its affiliates, employees, agents, and representatives.
“User” means any individual using the Platform.
“Will” means the testamentary document generated through the Platform.
“Personal Information” shall have the meaning as defined in the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
“Processing” includes collection, storage, use, dissemination, and destruction of Personal Information.
3. NATURE OF SERVICES
Willsforever provides a digital platform that enables Users to input personal and estate-related information for the purpose of generating a draft Will.
The User acknowledges that the Will generated:
- Is a draft document;
- Must be properly executed in accordance with South African law to be legally valid;
- Does not replace the need for proper witnessing or legal advice where required.
4. USER RESPONSIBILITIES
The User warrants that all information provided is true, accurate, and complete.
The User acknowledges that any inaccuracies, omissions, or misrepresentations may render the Will invalid or unenforceable.
The User remains solely responsible for ensuring that the Will is properly reviewed, executed, and updated when necessary.
5. COLLECTION OF PERSONAL INFORMATION
Willsforever collects and processes Personal Information including, but not limited to:
- Full names and surname
- Identity number and date of birth
- Contact details (email, phone number)
- Residential and postal address
- Asset and estate information
- Beneficiary information (including identity numbers where provided)
- Identity documents and supporting documentation
- Technical information such as IP address and device data
6. PURPOSE OF PROCESSING
Personal Information is processed for the following purposes:
- Generating and drafting the User’s Will
- Identity verification
- Communication with the User
- Provision of estate planning and related services
- Compliance with legal and regulatory obligations
- Platform improvement and service optimisation
7. USER CONSENT
By using the Platform, the User:
- Consents to the collection and processing of Personal Information;
- Consents to the processing of identity documents for verification purposes;
- Confirms authority to provide third-party information (such as beneficiaries);
- Acknowledges and accepts these Terms.
8. SPECIAL PERSONAL INFORMATION
Where applicable, Willsforever may process limited special Personal Information strictly in accordance with POPIA and applicable law, and such information will be subject to enhanced safeguards.
9. STORAGE AND SECURITY
Willsforever implements appropriate, reasonable technical and organisational measures to protect Personal Information against loss, misuse, unauthorised access, disclosure, alteration, or destruction.
The User acknowledges that no electronic system is completely secure and that information is provided at their own risk.
10. RETENTION OF INFORMATION
Personal Information will be retained:
- For as long as necessary to fulfil the purpose for which it was collected;
- For legal and regulatory compliance;
- For long-term estate administration and record-keeping purposes.
11. SHARING OF INFORMATION
Personal Information may be shared with:
- Willsforever employees and authorised representatives;
- Third-party service providers under confidentiality obligations;
- Regulatory or governmental authorities where required by law;
- Relevant authorities involved in estate administration, including the Master of the High Court.
Willsforever does not sell Personal Information.
12. CROSS-BORDER DATA TRANSFERS
Where Personal Information is transferred or stored outside South Africa, Willsforever shall ensure that appropriate safeguards are in place in accordance with POPIA.
13. USER RIGHTS
The User has the right to:
- Access their Personal Information;
- Request correction or deletion;
- Object to processing where applicable;
- Withdraw consent (subject to legal limitations);
- Lodge a complaint with the Information Regulator South Africa.
14. USE OF IDENTITY DOCUMENTS
The User consents to the upload, storage, and processing of identity documents for purposes of identity verification, legal compliance, and accurate drafting of the Will.
15. CONFIDENTIALITY
Willsforever undertakes to treat all Personal Information as confidential and shall only disclose such information where authorised by the User or required by law.
16. EXECUTOR APPOINTMENT (DEFAULT CLAUSE)
The User acknowledges that they are required to nominate an executor for their estate.
Unless the User expressly elects otherwise, the User agrees that:
Willsforever (Pty) Ltd, or its duly authorised nominee, shall be nominated as the executor of the User’s estate.
The User retains the right to appoint an alternative executor at any time prior to finalisation of the Will.
The User acknowledges that:
- Executor appointment is subject to confirmation by the Master of the High Court;
- Willsforever may be entitled to executor’s fees in accordance with applicable law.
17. NO LEGAL ADVICE
The Platform does not constitute legal advice. Users are encouraged to seek professional legal assistance where necessary.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Willsforever shall not be liable for:
- Any inaccuracies in User-provided information;
- Failure by the User to properly execute the Will;
- Any legal disputes arising from the Will;
- Any indirect or consequential damages.
Liability, where applicable, shall be limited to the fees paid by the User.
19. INTELLECTUAL PROPERTY
All content, templates, systems, and materials on the Platform remain the property of Willsforever.
Users are granted a limited, non-transferable licence for personal use only.
20. COOKIES AND TECHNICAL DATA
The Platform may use cookies and similar technologies to improve user experience and analyse usage.
Users may disable cookies through their browser settings, although this may affect functionality.
21. DATA BREACHES
In the event of a data breach, Willsforever will take all reasonable steps to mitigate the impact and notify affected Users and relevant authorities where required by law.
22. TERMINATION
Willsforever reserves the right to suspend or terminate access to the Platform where there is a breach of these Terms or suspected unlawful activity.
23. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
24. AMENDMENTS
Willsforever reserves the right to amend these Terms at any time. Updated versions will be published on the Platform, and continued use constitutes acceptance thereof.
25. CONTACT DETAILS
Willsforever (Pty) Ltd
Email: info@willsforever.co.za
Phone: +27 10 500 1805