Wills Guide: South Africa
Before you start your Will please go through Everything you need to know to ensure your Will is valid.
Quick Links
What makes a Will valid?
According to the Wills Act 7 of 1953, certain strict formalities must be met. If these aren't followed, the Master of the High Court may reject your Will.
- 01. Age & Capacity: You must be 16+ and mentally capable of understanding your will.
- 02. Written Format: Digital videos or voice notes are not valid; it must be printed or handwritten.
- 03. Sign Every Page: You must sign the bottom of every single page, not just the last one.
- 04. Two Witnesses: Two people (14+) must watch you sign.
- 05. Simultaneous Presence: You and both witnesses must be in the same room at the same time during signing.
- 06. No Beneficiary Witnesses: A witness cannot inherit anything from the Will they are signing.
- 07. End of Document: Your signature must appear as close to the last line of text as possible to prevent additions.
The Golden Rule for Witnesses
CRITICAL: A witness cannot be a beneficiary, an executor, or a guardian mentioned in the Will. If they sign as a witness, they (and their spouse) may be legally disqualified from inheriting.
- Witnesses must be 14 years or older.
- They must sign the last page in your presence.
- They do not need to read the contents of your Will.
Who handles your estate?
The Executor is the person responsible for collecting your assets, paying your debts, and distributing the balance to your heirs.
Family Executor
Good for trust, but they may struggle with the complex legal paperwork required by the Master.
Professional Executor
Lawyers or Trust companies. They charge up to 3.5% + VAT but ensure speed and compliance.
Protecting Minors (Under 18)
If you have children under 18, you should consider two things:
- 1. Guardianship: Who will look after their daily needs if both parents pass away?
- 2. Testamentary Trust: If you leave money to a minor, it must by law be paid into the Guardian’s Fund (managed by the State) unless you have a Trust clause in your Will. A Trust allows your Executor to manage the money for the child's education and needs.