While there are many players in the market who provide general fiduciary services such as wills and trusts, they do so as one of a spectrum of legal offerings.
With little focus or specialization in this area herein lies a fantastic window of opportunity for intrepid entrepreneurs considering contracting out their services as a specialised will drafter.
If you have sound knowledge of various pieces of legislation that affect wills such as Common Law, The Marriage Act, Estate Duty Act and Exchange Control Law, and sufficient experience in analyzing whether a simple will suffices, then - for a small consultation fee, you can outsource your services.
There's no need for people to go to banks to have their will drafted A legally valid will may be drafted by anyone in so much that they are 16 years or older, and are mindful that the Wills Act prescribes that the person who handwrites the will of another, or who witnesses a will of another, may be precluded from benefitting.
A legally valid will also does not require an attorney to draft or witness it.
An expert will drafter must have sound knowledge of all the relevant legal principles and practices, a command of language to express correctly the intentions of a testator in words, and the practical experience to merge the legal principles with the testator's intentions into a workable document which governs the orderly distribution of an estate.
While a valid will is a document that has been drafted, signed and executed in absolute compliance with the requirements of the Wills Act, a good will is one that complies with a testator's wishes as to the distribution of his estate.
It's important to note that a good will is not determined by the eloquence of the drafter but by his ability to encapsulate the intention of the testator in a lawful document.
The intention of the testator is determined by words.
The words used must therefore be correct and appropriate.
So, in the following instances:

• I bequeath my estate to my spouse.
  Does spouse include existing, previous, or a future spouse or spouses, and co-habitees (known as the common law partner)?
• I bequeath my estate to my children.
  Does children include illegitimate, adopted, surrogate, step-children, children from a previous or subsequent marriage or relationship, and the children of a spouse or a partner's previous relationship?

To this end, it is essential that the will be drawn in plain language so that there is no "treasure hunt" for those attending to the administration of an estate in determining, locating and identifying any assets specifically bequeathed.
Also take into account the following factors.
You will need to:

1. Take time out to meet face to face with the testator so you can clearly understand his intentions which could otherwise get lost in email or written communication.
   
2. Be sensitive to the wishes of the testator, balanced against the hopes and aspirations of the family.
   
3. Empower your client with the knowledge on applicable legal consequences of:

• Nominating a child to be an executor in preference to other children
• Bequeathing an estate with disparity or disinheriting any of his children
• Excluding a spouse and children from a will
• Not providing for dependent parents, which may result in grandparents claiming against their grandchildren's share of the estate
• Bequeathing agricultural property to two or more beneficiaries
• Failing to provide for minors, incapacitated or incompetent persons and beneficiaries with special needs.
  

It's important that throughout the consultation that you:

1. Handle ethical issues, conflicts of interest and the competency of beneficiaries with sensitivity
2. Remain objective and not allow the bad behavior of family members to impact on the testator's conduct
3. Ensure that the testator's requirements are recorded in his will and not superimposed on a precedent will
4. Do not include clauses which may be ineffectual by not complying with the terms of the Constitution.
   These would include clauses which are not only illegal or vague, but which are contrary to public policy and immoral.
   For example:

• I bequeath an amount of R 1 million to the Boys Town School Choir Bursary Fund for an annual bursary for white males of British descent directing that no females, midgets and gypsies may qualify for any benefit whatsoever from this Fund.
  
• I bequeath my entire estate to my daughter subject to the condition that she divorces that good-for-nothing SOB whom I have despised from the first moment I set eyes on him.
  
• I bequeath an amount of R 1000 to John Bruiser on condition he "sorts out" the class bully Billy Bunter.
  

If the contents are vague, immoral, legally incorrect or unconstitutional (or against the norms of society), the entire will, may be set aside.
Failure to comply with the formal requirements of the Wills Act may result in an expensive High Court application, which, if unsuccessful, will result in the will being declared invalid.
While our law generally affords one freedom of testation, a will drafter carries a heavy burden to ensure that it is not abused.
There are countless examples of badly constructed clauses that have led to conflict, litigation and the break-up of families.
An expert will-drafter will, however, ensure that tragedy is limited only to the death of the testator and will aim to only bequeath a legacy of love to his family.
A well-drafted will means an estate can - in the hands of a great administrator - be wound up quickly with significantly less costs incurred by heirs.
This, therefore, allows families to focus on the grieving and healing process - and that is the way it should be.
Thy Will Be Done.
The Wills Act prescribes that:

• A will must be signed;
• The will must be witnessed by two or more competent witnesses
• Both the person making the will and the witnesses must sign in the presence of each other; and
• If you sign by making a mark or if someone signs on your behalf, a commissioner of oaths, in addition to the two or more witnesses, must certify at the end of the document that he has satisfied himself of your identity and that the will is your will.
  

If you're considering being an expert will drafter and are looking for a competitive edge, it is highly recommended that you register as a member of FISA (Fiduciary Institute of South Africa).