Yes. South African law does not require an attorney or fiduciary professional to draft your will. A person who is at least 16 years old and has the required testamentary capacity may draft their own will, provided it is executed correctly under the Wills Act 7 of 1953.

The main risk with a self-drafted will is not whether it looks formal enough. Problems can arise because the signing or witnessing requirements were not followed, or because the wording has a legal effect the testator did not intend. Matters that are often overlooked include the residue of the estate, minor beneficiaries, testamentary trusts, executor nominations, matrimonial property consequences, maintenance obligations, business interests, offshore assets and assets that may be dealt with outside the estate.

The original signed will, or a duplicate original, should be stored safely and its location should be known to the appropriate people. The Master does not ordinarily accept a certified photocopy in place of the original. If the original cannot be found after death, a court application may be required to prove the will and have a copy accepted.

Professional drafting is not a legal requirement, but it can reduce avoidable legal, tax and administrative problems. Wealth and Legacy Group can assist with drafting and execution and with appropriate safe custody arrangements.

See also: Can I draft my own will without a lawyer? | Where is the best place to create a will?

Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.