How does a person that can’t write or a very ill testator draw up a will?

Where a testator is illiterate and cannot sign, or is to ill to do so (he may be unable to write, but able to speak, for example), the law requires that he either sign the will by making a mark (if the testator is illiterate, for instance) or direct another person to sign the will on his behalf. That person must then, in the presence of the testator and the witnesses and at his direction, sign the will.

Furthermore, a certificate has to be attached at the end of the will in which a magistrate, Justice of the Peace, Commissioner of Oaths, or notary public certifies that he/she has satisfied him/herself as to the identity of the testator, and that the will so signed is the will of the testator.

If the will consists of more than one page, it must be signed by the Magistrate, Commissioner of Oaths or notary public on each page. This certificate must be attached before the death of the testator, and it would be wise to ensure that it is attached at the same time as the will is signed (either by mark or by a person signing on the testator’s behalf) by the testator and the witnesses, so that the execution of the will consists of a single transaction.

ALL THESE PEOPLE MUST SIGN /MAKE A MARK IN EACH OTHERS PRESENCE AND AT THE SAME TIME – the commissioner/notary/magistrate, the two witnesses, the testator making the mark or the person signing on behalf of the testator that can’t sign and the testator.

You MUST consult a wills expert like J Bredenkamp Inc- Executor Law if you are in this situation. It is very complicated and you don’t want the will to be invalid.
Contact us for assistance at info@jbattorneys.co.za or 079 394 2574.