Will
Definition
Requirements for a valid will
Since 1 January 1954 all wills must be in writing. They can be written by hand, typed or
printed. The signature of the testator/testatrix must appear at the end of the will. This
signature must be made in the presence of two or more competent witnesses.
The witnesses must attest and sign the will in the presence of the testator/testatrix and of
each other. If the will consists of more than one page, each page other than the page on
which it ends must be signed anywhere on the page by the testator/testatrix. Although the
testator/testatrix must sign all the pages of the will, only the last page of the will needs to be
signed by the witnesses.
What you need to know when drafting a will?
- All persons (16 years and older) are competent to make a will
- A will must be in writing. It can be written by hand, typed or printed. ( note that a person
who wrote the will in his/her own handwriting (and his/her spouse) may not be one of
your heirs or the executor in the will) - The signature of the testator/testatrix must appear on every page of the will as well as at
the end of the will (This signature must be made in the presence of two or more
competent witnesses) - Any person of 14 years and above is competent to act as a witness (note that a witness
and his/her spouse) may not be one of your heirs or the executor in the will) - A witness must attest the last page of the will in the presence of the testator/testatrix
and of each other - You must include all details of the assets you want to bequeath as well as the names
and details of your heirs. - Decide who should be your executor, and indicate this in your will (note that your
nominated executor (and his/her spouse) may not be one of the witnesses to the will). - Decide and indicate what should happen to the inheritance of a minor beneficiary (e.g.
Must it be paid into a trust, the Guardian’s Fund etc?). - If you are the sole guardian of your minor child, indicate who should be appointed as the
guardian of your child after your death. - Ensure that your original signed will is kept safe by a trustworthy person or institution, as
a copy of a will is not deemed a valid will.
Information Source: Department of Justice and Constitutional Development –
Master of the High Court
https://www.justice.gov.za/master/wills.html