After a deathWills Act 7 of 1953
How to execute your will
Downloading the PDF is only the first step. Follow the five steps below to turn it into a legally valid will under section 2(1) of the Wills Act 7 of 1953.
Five steps
Before you sign
Print every page on plain white paper
Print the full document, including the cover page. Do not staple, hole-punch or bind the pages. Keeping pages loose makes it straightforward for everyone to sign where needed.
Choose two competent witnesses
Each witness must be at least 14 years old, mentally competent and able to give evidence in a court of law. A witness may NOT be any of the following, nor the spouse, civil-union partner or life partner of any of the following: a beneficiary named in your will, the executor or alternative executor, a trustee appointed under the will, or a guardian or alternative guardian appointed under the will. A person who signs as a witness in breach of these rules is generally disqualified from inheriting under the will.
Sign in front of both witnesses, all together, in wet ink
You (the testator) and the two witnesses must be in the same room at the same time. You and the witnesses must sign at the end of the will. Signing every page is strongly recommended to prevent disputes about whether any page was altered, but the Wills Act 7 of 1953 does not require signatures on every page. Both witnesses must sign in the testator's presence and in each other's presence. Do NOT sign electronically, digitally or with a scanned signature, South African law does not recognise electronic signatures on a will.
Initial any handwritten corrections
If you fix anything by hand, you and both witnesses must initial in the margin next to the change. Do not use correction fluid.
Store the original safely and tell your executor
Keep the original signed will in a safe place: ideally a fireproof and waterproof (damp-proof) safe, a bank safe-deposit box, or with your attorney. Keep it out of direct sunlight and away from heat sources. Photocopies and scans are NOT a substitute, without the original signed document the Master of the High Court may refuse to accept the will. Tell your nominated executor (and ideally one other trusted person) where to find it.
The legal requirement
Why this matters
Section 2(1) of the Wills Act 7 of 1953 requires that you (the testator) sign the will at the end, and that two competent witnesses attest and sign the will in your presence and in the presence of each other, all on the same occasion.
A witness must be at least 14 years old and competent to give evidence in court. A person who is named as a beneficiary, or who is the spouse of a named beneficiary, must NOT act as a witness; doing so can disqualify their inheritance.
An electronic, unsigned, or improperly witnessed copy of this document is not a will. When I Am Gone cannot lodge it with the Master of the High Court on your behalf, and your estate may be administered as if you had died intestate.
After execution, store the original in a safe place and tell your nominated executor where to find it. When I Am Gone provides administrative information services only and does not provide legal advice.