What the law requires for a will to be valid, and the common mistakes that cause problems for families later.
A will only helps your family if it is valid. South African law sets out formal requirements for how a will must be made and signed, and a will that does not meet them can be challenged or set aside. [CHECK WITH FIRM]
The basic requirements
- It must be in writing. A will can be typed or handwritten, but it cannot be a voice note or video.
- You must sign it. You sign at the end of the will and on every page.
- Two witnesses must sign it. Both witnesses must be present when you sign, and they sign in your presence and in each other’s presence.
- The witnesses must be competent. A witness must be at least 14 years old and able to give evidence in court.
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Choose your witnesses carefully
A witness, or the spouse of a witness, who is also a beneficiary under the will may be disqualified from inheriting. The simplest way to avoid this is to use witnesses who receive nothing under the will.
If you die without a valid will
Your estate is then divided according to the Intestate Succession Act. The Act decides who inherits, for example your spouse and children, in set shares. This may be quite different from what you would have chosen.
Changing a will
You can change your will by making a new will or by signing a codicil, which amends part of the existing will. A codicil must be signed with the same formalities as a will. Handwritten changes on an existing will are a common cause of disputes.
Keep it safe and up to date
Tell your executor where the original will is kept, and review it after major life events such as marriage, divorce, the birth of a child or the purchase of property.
This article is general information, not legal advice about your situation.