A Will is a document in which a person (“testator”) makes sure that his/her belongings are distributed in accordance with his/her wishes after his/her death. 

Basic requirements of a valid Will: 

• A person must be over the age of 16 (sixteen) years.

• The Will must be in writing. This means that a Will can by typed or handwritten. If the Will is handwritten, it must be remembered that the person who writes the Will is not allowed to be mentioned as a beneficiary in that specific Will. A voice recording will not be accepted as a valid Will.

• Each page of the Will, including the last page, must be signed by the testator. The Will must also be signed by two competent witnesses. A person will qualify to be a competent witness if s/he is 14 (fourteen) years of age or older.

• A person who cannot sign his/her Will, can sign it by making a thumbprint. If a thumbprint is used, the Will must be certified by a Commissioner of Oaths indicating that s/he is satisfied with the identity of the testator and that it is indeed the Will of the testator. This must be done in the presence of the Commissioner of Oaths, as well as the witnesses.

• It is very important that the testator and the witnesses sign the Will in the presence of each other. The testator and the witnesses must be together at the same time and place when they sign the Will. 

Drafting a valid will is the first step towards leaving a legacy for your loved ones. Think twice before going the DIY route. It is not as straight forward as you think. 

Besides needing to meet the requirements of a valid will, you also need to consider other factors such as the nature of your marriage contract, your obligations in respect of financial support, your estate liquidity and the ongoing care of your minor children, amongst other important considerations. 

The requirements for a valid will:

Before writing or typing out your will, certain legal requirements need to be met to ensure that your will is considered valid by the Master of the High Court. Besides being over the age of 16 and of sound mind, you need to ensure that your will is clearly typed or written out and that the person drafting your will does not stand to benefit from your estate. You should ensure that you sign your will in full on each page, avoiding the use of initials, and your will is clearly dated. Importantly, you will need to ensure that no one witnessing your will stands to benefit from your estate, including beneficiaries, legatees, trustees, guardians, or any other person named therein. Remember, your witnesses must be over the age of 14 and must also not stand to benefit from your estate. (Sourced Crue Invest) 

Validity of a Will 

No will shall be valid unless it is: 

• In writing; 

• Signed by the end thereof by the testator or a person directed by the testator in his presence and by his/her directions; 

• In the presence of two or more competent witnesses present at the same time. 

Who will be a competent witness 

• Any person 14 years or older; 
• Who is competent to give evidence in a court of law. 

If the will consists of more than 1 page then the testator must sign the will on each page. 

Witnesses are only required to sign the last page of the will. 

If the testator cannot write, he/she can sign by making a mark. Very important: Only the testator must make the mark by way of a thumbprint! 

If the testator signs by making a mark or if the other person signs on behalf of the testator then a Commissioner of Oath MUST certify that he/she has satisfied himself of the identity of the testator and the will so signed is the Will of the Testator. 

The Commissioner of Oath must sign each page of the Will excluding the page on which the commissioner’s certificate appears. 

Contact us to assist you with the drawing up, witnessing and secure storage of your will.

Should you require an explanation of your rights on this matter, please contact our offices.