The Requirements for a Valid Will

02 September 2024 ,  Gerda Janse van Rensburg 296

Many families have been dumstruck after the death of a family member, when the Master of High Court refuses to accept the will, as it does not comply with the requirements for a valid act in terms of the act.

Your will is your last say in what should happen to all your earthly possessions. If there is no will, then the Intestate Succession Act will apply and then your assets might end up going to family members, that you did not want to inherit from you. 

In terms of the Wills Act 7 of 1953, the specific requirements for a valid will are the following:

  • A person must be over the age of 16 (sixteen) years.
  • The Will must be in writing. This means that a Will can by typed or handwritten. If the Will is handwritten, it must be remembered that the person who writes the Will is not allowed to be mentioned as a beneficiary in that specific Will.
  • Each page of the Will, including the last page, must be signed by the testator.
  • The Will must also be signed by two competent witnesses. A person will qualify to be a competent witness if s/he is 14 (fourteen) years of age or older.
  • It is very important that the testator and the witnesses sign the Will in the presence of each other.
  • A person who cannot sign his/her Will, can sign it by making a thumbprint. If a thumbprint is used, the Will must be certified by a Commissioner of Oaths indicating that s/he is satisfied with the identity of the testator and that it is indeed the Will of the testator.

If you want to leave your family with a lasting memory, get your affairs in order and avoid all the stress and worries that you pass along to them, by not having a properly executed will.

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