Having a Valid Will

The South African law is very strict when it comes to the legal requirements and validity of wills. It is for this reason that you should have your will drafted by an attorney specializing in wills and estates.

You do not want to go to the trouble of signing a will and then your heirs find out that it is not valid. This could result is huge family feuds and your estate not being distributed as you wanted it to be.

What are the requirements for a will to be valid?

• A Will must be in writing/ typed. You must be at least 16 years old in order to be able to have a will.
• You must be of sound mind when you sign your will, understand your will and you must have the intention to sign it.
• The will must be signed at the end by the testator [ the person whose will it is]. It must also be signed by 2 independent witnesses who are at least 14 years old. If the will is more than 1 page then each page needs to be signed by the testator and the witnesses. You must ALL be in each other’s presence when you sign. A witness cannot be an heir nor an executor.
• If you are unable to sign your will then it is possible to “sign “it by way of a mark [ cross or thumb print] or someone can sign it on your behalf. However, this needs to be done in the presence of a commissioner of oaths who must fulfill certain requirements. This is very tricky, and should only be done with the assistance of a specialist wills and estates attorney. A mistake will result in the will being invalid or lengthy court cases.
• It is very important to keep the original will safe. The original will must be sent to the Master’s office when you pass away. If the original can’t be found then your heirs will have to apply to the High Court to instruct the Master to accept a copy. If a copy cannot be found then you will have died intestate.
• Your will is one of the most important documents that you will ever sign. Please do consult a specialist wills and estates attorney to have your will drafted and signed properly. Having your will in order is a gift to your heirs.

A death is a tragedy. Don’t make it worse.

Is your Will in order?

Need assistance with your will and all of the legal requirements involved? Let us assist you.

contact us on 011 023 8701/ 079 394 2574 to find out more.