Some people believe they are protecting the family by keeping a will hidden or because they think they know what the deceased wanted. Others may hide a will because they are unhappy with its contents. Whatever the reason, the law does not allow a person to interfere with a will. In terms of Administration of Estates Act 66 of 1965, it is a criminal offence to deliberately conceal, destroy, steal, falsify or mutilate a will. A person who commits any of these acts may be prosecuted.[1]

The law also places a duty on anyone who is in possession of the original will after the person's death. If the original will, comes into your possession, you must lodge it with the Master of the High Court.[2] Deliberately keeping the will, refusing to hand it over, or failing to lodge it with the Master is also an offence under the Administration of Estates Act.[3]

If you find yourself in possession of the original will of someone who has passed away, the correct course of action is to lodge the original will with the Master of the High Court as soon as reasonably possible. [4]Doing so helps ensure that the estate is administered lawfully, reduces unnecessary disputes, and honours the final wishes of the deceased.

A will should never be hidden, destroyed or withheld. It is a legal document that deserves to be respected, and the law provides clear consequences for those who deliberately try to interfere with it.