How to Draft a Will in South Africa
Section 2(1)(a) of the Wills act 7 of 1953 outlines the conditions for creating a legal Will. Although they are rather simple, even a seemingly insignificant error might invalidate the entire document. To attempt and prevent circumstances that may render a Will invalid and defeat the testator’s good intentions, the court is granted the authority to excuse a Will that does not follow all the rules.
The following are some prerequisites for creating a legal Will:
A testator must be at least 16 years old.
When the Will was written, the testator had to be mentally competent to comprehend the effects of his or her acts.
The Will has to be written down. It can be printed or handwritten as long as it is legible. Also, don’t forget to sign it with your name.
At the end of the Will, the testator must sign. Although the act is ambiguous in this regard, it is advised that the signature be positioned as closely as possible to the final line of the Will or just below it. A Will may be ruled void if there is a sizable space between the last line and the testator’s signature.
The testator (or someone acting on his behalf) must sign every additional page of the Will, wherever on the page, if the Will is longer than one page.
The testator must sign or acknowledge the last page in the presence of two concurrently present, qualified witnesses.
The witnesses must sign the final page of the Will. On the last page, signatures may be placed anywhere. However, it is advised that they be placed below or as close to the last line of the Will as feasible. The witnesses’ responsibility is to verify the testator’s signature or the signature of the person signing on their behalf.
The witnesses should also sign every other page of the Will, even though it is not legally necessary.
It is improper for a beneficiary or executor to sign as a witness on a Will. If they do, they might not be eligible to receive an inheritance under the Will. But the Will’s legality will be unaffected.
It is strongly advised to date your final Will and testament even if it is not formally necessary for legality to avoid any misunderstanding if more than one Will is discovered.
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Can you make a Will by hand in South Africa?
In South Africa, a handwritten Will is legitimate.
What occurs in South Africa if a person passes away without a Will?
Your inheritance will be distributed in accordance with the 1987 intestate succession act if you pass away without leaving a legal Will (act 81 of 1987). This implies that your inheritance will be distributed in accordance with a predetermined formula to your surviving spouse, children, parents, or siblings.
How soon after death does a Will in South Africa get executed?
The executor named in this instrument is given the legal right to handle estate administration. After the estate has been reported to the master’s office, it typically takes 8 weeks before the master grants his letters of executorship.
