Having a will is one of the most important steps you can take to protect your loved ones — but is your will actually valid?

Many South Africans assume that once they’ve written and signed a will, the job is done. But if you don’t follow the right legal process, your will could be rejected — causing delays, extra costs, and serious conflict.

Here’s a simple checklist to help you make sure your will meets all the legal requirements in 2025.

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🧾 1. Are You Legally Allowed to Make a Will?

To draft a valid will in South Africa:

• You must be 16 years or older

• You must be mentally capable (aware of what you’re doing and who your heirs are)

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✍️ 2. Is Your Will Written and Signed?

• Your will must be in writing — handwritten or typed (verbal or audio wills are not valid)

• It must be signed at the end by you (or someone else on your behalf, in your presence and under your direction)

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👀 3. Did You Follow the Witnessing Rules?

This is where many wills fail:

• You need two competent witnesses (aged 14+ and mentally sound)

• They must witness your signature or your acknowledgment of it

• They must sign the will in your presence and in each other’s presence

Important: Witnesses should not be beneficiaries or executors. If they are, they might lose the right to inherit under your will.

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📄 4. Did You Sign Every Page?

If your will has multiple pages, make sure:

• Each page is signed or initialled by you and your witnesses

• This helps prevent disputes over authenticity or changes

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🗓️ 5. Is Your Will Dated and Stored Safely?

• Dating your will isn’t required by law, but it’s strongly recommended

• Keep your original will in a safe place, and let someone trusted know where to find it (executor, family member, lawyer)

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⚖️ 6. What’s New in 2025? Key Legal Updates

Recent court cases and legal clarifications have introduced a few important points:

⚠️ Electronic Wills

• Electronic signatures are not legally valid for wills in South Africa

• Wills must be signed with a pen and ink (manual signature)

⚠️ Informal or Unsigned Wills

• In rare cases, a court may accept an unsigned or flawed will — but only if:

• It was clearly drafted by the deceased

• The deceased has passed away

• The deceased intended the document to be their will

• This is covered under Section 2(3) of the Wills Act, but it usually involves a lengthy legal process

⚠️ Mental Capacity & Undue Influence

• If there’s doubt about your mental state when you signed, or if someone pressured you, the will could be challenged in court

• It’s always best to consult a professional, especially in complex family situations

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✅ Final Thoughts: Don’t Leave It to the Courts

A valid will is:

• Written

• Signed properly

• Witnessed correctly

• Stored safely

• Clearly expresses your wishes

Even small mistakes can lead to big problems down the line. If you’re unsure about your will’s validity, it’s worth getting it reviewed by a professional.