What makes a will valid in South Africa
- 16 or olderAnd mentally capable of making a will
- Signed at the endEach page but the last is signed too
- Two witnessesAged 14 or older, signing together
- No benefit to witnessesSo heirs are not used as witnesses
Under the Wills Act, the person making the will signs it at the end in front of two or more witnesses aged 14 or older, who also sign. Each page except the last is signed too. A witness who would inherit can lose that benefit. A copy is not a valid will. This is information, not advice.
A will has to meet the formalities in the Wills Act to be valid. This page explains them using the Act and the guidance of the Master of the High Court. A will consultant or an attorney can say whether a particular will meets them.
Who can make a will?
The Master says anyone aged 16 or older who is mentally capable of understanding what they are doing.
Signing and witnessing
- The person making the will signs it at the end.
- Two or more competent witnesses are present when that person signs, and they sign in front of that person and of each other.
- Where the will has more than one page, each page other than the last is signed too.
- Witnesses must be 14 or older and competent to give evidence.
The Master's own page words the page signatures differently, so this guide follows the wording of the Act.
If the person cannot sign
The Master says that if the person making the will cannot sign, a Commissioner of Oaths must certify the will.
Witnesses who would inherit
A person who signs as a witness, or who writes the will, is disqualified from receiving a benefit under it, and the Act counts being named executor, trustee or guardian as a benefit. The Master notes that this can also apply to the witness's spouse. That is why heirs are not used as witnesses.
Copies and changes
A copy of a will is not a valid will: the signed original counts. A will can be changed by a new will, or by an addition signed and witnessed in the same way. Where a will is kept covers the original.
Divorce
If a person dies within three months of a divorce, a gift to the former spouse in the will is treated as revoked.
When a court can help
If a document was meant to be a will but does not meet the formalities, a court can order the Master to accept it. That takes a court application, so meeting the formalities from the start is simpler.
Where SortMyCover fits
SortMyCover does not draft wills and gives no advice. It books a call with a will consultant. Lindi sends the consultant's name and firm on WhatsApp before the call. The consultant explains how the will is signed.
Sources
- Wills Act 7 of 1953 (consolidated text), Acts Online (LexisNexis). Page seen October 2026. Used for: Signing, witnesses, court orders and who may not benefit.
- Wills, Master of the High Court (Department of Justice and Constitutional Development). Page seen October 2026. Used for: Age, witnesses, copies, certification and divorce.