5 Formalities for a Will to be Valid

5 Formalities for a Will to be Valid

When making a will, it is vital to ensure that it reflects your wishes clearly and unambiguously and that it complies with all the legal requirements set out in the Wills Act.

1. Since 1 January 1954 all wills must be in writing. They can be written by hand, typed, or printed.
2. The will must be signed by the testator at the end thereof.  If the will consist of more than one page then each page must be signed by the testator and the witnesses.  They may sign anywhere on the page provided that the signature of the testator on the last page must be applied at the end of the will.
3. The testator’s signature must be witnessed by 2 or more people in the presence of the testator.
4. The witnesses must be 14 years or older and competent to give evidence in a court at the time of signature.
5. Any deletion, addition, alteration, or interlineation made in the will after it was executed is invalid unless the deletion itself is accompanied by all the formalities necessary for the execution of a valid will. Any codicil of the will that the testator wishes to add after the execution of the will – must also be completed with all the formalities required for completing an original will.

Contact our estates department at estates@smutsco.co.za should you require assistance with the drafting of your will.