In South Africa, the main formal requirements are set out in section 2 of the Wills Act 7 of 1953. A person must be at least 16 years old to make a will and must be mentally capable of appreciating the nature and effect of making it.
The will must be in writing. The testator must sign at the end of the will, or another person may sign in the testator’s presence and at the testator’s direction. The testator must sign, or acknowledge the relevant signature, in the simultaneous presence of at least two competent witnesses. A competent witness is someone aged 14 or older who is competent to give evidence in a court of law. The witnesses must sign in the presence of the testator and each other.
If the will has more than one page, every page before the final page must also be signed by the testator, or by the person signing on the testator’s behalf. The ordinary statutory formalities do not require the witnesses to sign every page, although having them sign or initial each page is a useful practical safeguard against later disputes about page substitution.
Additional requirements apply if the testator signs by making a mark or if another person signs on the testator’s behalf. In those cases, a Commissioner of Oaths must satisfy themselves as to the testator’s identity, certify that the document is the testator’s will and comply with the further formalities in the Act.
A witness, a person who signs on behalf of the testator, or a person who writes out the will or part of it in their own handwriting can be disqualified, together with their spouse, from receiving a benefit under the will. Section 4A contains exceptions, so this involvement does not automatically invalidate the whole will.
The safest practice is to sign the final version correctly in one sitting and avoid handwritten changes afterwards. Any later amendment should comply with the legal formalities that apply to amendments.
Electronic execution should not be relied on as the ordinary way to make a South African will. In limited circumstances, section 2(3) allows a court to order the Master to accept a document that did not comply with the normal formalities if the statutory requirements are met and the deceased intended it to be their will. That remedy generally requires court proceedings after death and should not be treated as an alternative to signing a compliant will.
See also: Can I draft my own will in South Africa? | Who cannot inherit under 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.