How do you make a valid will?
For a will to be legally recognised in South Africa, it must be in writing, signed on every page by the person making it, and signed by two independent witnesses who are present at the same time.
The Wills Act enforces these rules strictly. If a document fails even one of these structural requirements, the Master of the High Court rejects it, and the estate is treated as if the person died without a will.
Who can make a will
To draft a will, the testator (the person whose will it is) must be at least 16 years old. They must also have the mental capacity to understand the nature of the document, the extent of their assets, and the consequences of leaving those assets to specific people.
The physical document and signatures
A will must be physically in writing. It can be typed and printed, or handwritten, but a verbal promise, a video recording, or an unsigned digital document is not legally valid.
The testator must sign at the end of the document. Furthermore, if the will consists of more than one page, the testator must sign every single page. This prevents anyone from slipping a replacement page into the middle of the document after it has been signed.
The strict rules for witnesses
The most common reason wills are rejected is due to witness errors. The law requires two competent witnesses who are 14 years or older. They must follow strict procedural rules:
- They must both be in the same room, at the exact same time, watching the testator sign the document.
- They must then sign the last page of the will in the presence of the testator and each other.
- A witness must be completely independent. A person who signs as a witness (or their spouse) is legally disqualified from inheriting anything from that will. They are also disqualified from being appointed as the executor.
Handwritten wills and the writer's trap
While handwritten wills are perfectly legal, there is a specific legal trap: the person who physically writes out the will by hand on behalf of the testator is legally disqualified from inheriting from it, just like a witness.
If a husband dictates his wishes while his wife writes them down on a piece of paper, the wife is legally barred from receiving any assets mentioned in that document, even if her husband intended for her to inherit everything.
Signing with a thumbprint or mark
If a testator is physically unable to sign their name, they are permitted to sign by making a mark, such as a cross or a thumbprint. Someone else may also sign on their behalf, provided they do so in the testator's presence and by their direct instruction.
In both of these specific scenarios, the law requires an extra layer of security. A Commissioner of Oaths (like a police officer, attorney, or bank manager) must be present when the mark is made. The Commissioner must attach a formal certificate to the will confirming the testator's identity and stating that the document is genuinely their will.
What happens if a will is invalid?
If a will lacks the correct number of witness signatures, or if pages are left unsigned, the Master of the High Court refuses to accept it. While a family can approach the High Court to ask a judge to condone an imperfect will, this requires an expensive and lengthy legal battle.
If the court does not intervene, the invalid will is discarded. The deceased's assets are then distributed according to the strict, pre-set formulas of the Intestate Succession Act, meaning the money might go to family members the deceased never intended to include.
Terms used on this page
- testator
- The person who is making a will, and whose assets it sets out how to distribute.
- executor
- The person or institution appointed to wind up a deceased estate — collecting the assets, paying the debts and costs, and distributing what remains to the heirs.
- Commissioner of Oaths
- A person officially authorised by law to verify identities and certify that documents and signatures are genuine.
- intestate
- Dying without a valid will. A fixed legal formula — the Intestate Succession Act — then decides who inherits, regardless of what the person may have wanted.
Sources
Reviewed July 2026