A will is one of the most important documents you will ever sign—yet small mistakes can render it invalid or spark bitter family disputes. In South Africa, wills are governed by the Wills Act 7 of 1953, which sets strict formalities.
Getting the formalities right
For a will to be valid it must be in writing and signed by the testator (the person making the will) at the end of the document, in the presence of two competent witnesses who are present at the same time. The witnesses must then sign in the presence of the testator. Witnesses should be at least 14 years old and should not be beneficiaries.
Common pitfalls
- A beneficiary signing as a witness. This can disqualify that person from inheriting.
- Incomplete signing. Every page should be signed; an unsigned page can cast doubt on the whole document.
- An outdated will. Marriage, divorce, the birth of children or acquiring assets should all prompt a review.
- No residue clause. Failing to deal with the “leftover” of the estate can lead to partial intestacy.
- No executor named, or naming someone unwilling or unable to act.
What happens without a valid will?
If you die without a valid will, your estate is distributed according to the Intestate Succession Act—which may not reflect your wishes at all, and can leave dependants in difficulty while the estate is wound up.
The bottom line
A professionally drafted will, correctly signed and kept up to date, is the surest way to protect your loved ones and your legacy.
This article provides general information on South African law and is not legal advice. For guidance on your specific circumstances, please contact Tebatso Mankgeru Attorneys Inc.