During our day-to-day planning, it is easy for anyone to forget the importance of preparing for the unexpected. A Will makes provision for this in that it helps you determine how to distribute your property in a way that would suit you at the time of your death. The preparation of a Will is thus a very critical part when it comes to the estate planning process.

Simply put, a Will is a written document addressing what should happen to an individual’s estate after their death. This written document must be a voluntary unilateral legal act that is in accordance with legal requirements.

It is important to note that the above statement states that this document should be in accordance with legal requirements, these requirements can be found in the Wills Act 7 of 1953. According to this Act, a Will is only valid if it complies with the formality requirements in section 2(1)(a). The person that is responsible for making the Will or for whom the Will is made for, is referred to as the testator/testatrix.

The formality requirements that contribute to a valid Will are as follows:

1. The Will must be signed at the end of each page by the testator or by another person on his behalf
2. The Will must be signed in the presence of at least two competent witnesses
3. The witnesses sign the Will after the testator has signed

The validity of a Will is determined by compliance with the factors mentioned above, however, section 2(3) of the Wills act makes provision for condonation by the court. This means that if a court is satisfied that a document was intended to be an individuals Will, the court shall order the Master to accept the document as such, even though it does not comply with the formality requirements for the execution or amendment of Wills. The requirement for the operation of section 2(3) is that there must be a document drafted with the intention that such a document must be an individuals will.

Reference list:

Deceased Estates 11^th Edition.

Wills Act 7 of 1953.