27/05/2026
South Africa’s Wills Act 7 of 1953 prescribes strict formalities for the valid ex*****on of a will. Even minor deviations can render a will invalid or lead to disputes, delays, and costly litigation. It is strongly recommended that wills be prepared and executed under the guidance of a qualified attorney.
Under Section 2(1)(a) of the Wills Act, a will is valid only if the following requirements are met:
• The will is signed at the end by the testator (or by another person in the testator’s presence and by the testator’s direction).
• Such signature is made or acknowledged by the testator in the presence of two or more competent witnesses who are present at the same time.
• The witnesses then attest and sign the will in the presence of the testator and of each other (and of the person who signed on the testator’s behalf, if applicable).
• If the will consists of more than one page, the testator (or the person signing on their behalf) must also sign each page other than the last page anywhere on that page.
Important best practices to reduce risk:
• Use full wet-ink signatures (physical pen-and-paper signatures). Digital or electronic signatures are not recognised for wills under South African law.
• Although the Act does not strictly require witnesses to sign every page, it is prudent for both the testator and the two witnesses to sign or initial every page to demonstrate that no pages have been substituted or altered.
• Witnesses must be competent (generally persons aged 14 years or older who are capable of giving evidence in court) and should not be beneficiaries under the will or the spouses of beneficiaries, as this may disqualify them from inheriting.
• The testator should be at least 16 years of age and possess the necessary mental capacity at the time of ex*****on.
Common pitfalls that frequently cause problems:
• Signing the document in the middle or elsewhere instead of at the very end.
• Witnesses signing at different times or not in each other’s presence.
• A witness who is also named as a beneficiary (this can disqualify that beneficiary from inheriting under the will).
• Failure to ensure the testator signs every page of a multi-page will.
• Relying on a digital or electronic signature.
One small error in ex*****on can result in the will being rejected by the Master of the High Court, triggering intestate succession rules instead of your intended wishes.
