In terms of South African Law, a person may make a will which directs or control the way in which his or her assets should be distributed upon their death. The Wills Act 7 of 1953 is the statute that regulates the process of wills and other related topics. In essence, section 2 of the said Act sets out the requirements and formalities to be complied with when making a valid will. In legal jargon a will is defined as a 'written statement, usually signed, made by an individual, which directs the distribution of their property when they die'. In simple English on the other hand it is a document that expresses the wishes of the individual (testator) as to how their property is to be distributed at death. The testator has absolute freedom as to what should be included in their will, how their estate should be distributed and whom they bequeath their assets to.
Before we discuss the requirements of a valid will, let's first look at who has the capacity to make a will. In South African law any person age 16 (sixteen) and older has the capacity to make a will provided that he is capable of understanding the nature and effect thereof.[1]
The Wills Act[2], as amended, provides the statutory requirements and formalities for a valid will. The requirements as set out in section 2 of the Wills Act are peremptory. Should either one of these requirements not be met, the will shall be rendered invalid.
The requirements as per section 2 of the Wills Act are as follows:[3]
As aforementioned, the requirements of a valid will is peremptory, therefore it is of utmost importance to ensure that your will meets the requirements and formalities for it to be valid in a court of law.
Reference List:
[1] Section 4 of the Wills Act 7 of 1953.
[2] Wills Act 7 of 1953.
[3] Section 2 of the Wills Act 7 of 1953.
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