Ensuring your will is correctly executed (signed and witnessed) is essential to guarantee that your final wishes are honoured and your estate passes smoothly to your chosen heirs. Failing to strictly follow the specific formalities outlined by South African law means losing control over the distribution of your estate and potentially causing significant stress for your loved ones.

Legal Requirements to Ensure Your Will is Valid

Testator Age and Signature

The testator (person drafting the will) must be at least 16 years old. Your will must be clearly printed and signed in black ink. Each page of the will must be signed in full signature by the testator.

Witness Requirements

Your will must be signed in the presence of two independent witnesses. Witnesses must be at least 14 years old and competent—meaning they must understand the significance of witnessing your will and be capable of testifying in court if necessary.

Crucially, your witnesses must be completely independent. They may not be:

• Beneficiaries (heirs) named in your will,
• The nominated executor of your estate, or
• Related to you or any of your heirs.

To prevent any conflicts of interest or challenges to your will’s validity, we strongly recommend using impartial witnesses such as neighbours or work colleagues.

Both witnesses must also sign every page of the will in full. This must occur simultaneously, in your presence and in each other’s presence, immediately after you have signed the will.

Dating and Originality

The date on which you sign your will must be clearly indicated at the bottom of the last page. Additionally, it is vital that the will is the original document (not photocopies), signed in wet ink.

Considerations Regarding Minor Heirs

If you plan to leave your estate, or any part of it, to heirs who are under the age of 18 (minors), you should not use our basic DIY will option. Estates involving minor heirs have additional complexities to consider and we recommend you contact us directly to discuss.

Consequences of an Incorrectly Executed Will – Intestate Succession

If your will does not precisely meet these legal requirements, it is considered invalid. An invalid will means your estate automatically falls under the Intestate Succession Act, which removes your control over your estate distribution. Your assets will be passed to heirs determined by law rather than according to your explicit wishes.

In such circumstances, heirs can approach the courts to request validation of an incorrectly executed will. However, because this process can be complex, it is far simpler and safer to follow the correct execution requirements from the outset.

Cornell Horn Attorneys

To help you create a legally valid will, we have created a clear and practical Basic Will Checklist. This checklist includes every essential step you must follow to ensure the validity of your will, clearly outlining all of the requirements discussed above.

After you have completed and signed your will using this checklist, CHA strongly advises you to email a scanned copy of the will immediately to [email protected] or [email protected] for verification. We will then confirm whether your will meets all legal formalities or advise if corrections are needed.

Please note: While Cornell Horn Attorneys provide this checklist to assist you, we do not take responsibility for drafting or execution errors made by individuals using this DIY tool. You are encouraged to seek professional advice if you have any doubts related to your will.