20 September 2025
Writing a will is one of the most important things you can do to protect your family and make your wishes clear.
But signing a document does not automatically make it a valid will. If the correct legal requirements are not followed, the will may be challenged or rejected. This can lead to delays, extra costs and conflict among family members.
Use this checklist as a general guide.
1. Are You Legally Allowed to Make a Will?
In South Africa, you generally need to:
- Be 16 years or older; and
- Have the mental capacity to understand that you are making a will and what it means.
You should understand, in general terms:
- What assets you own;
- Who your family members and potential heirs are; and
- The effect of the wishes set out in your will.
If there are concerns about your health or mental capacity, it is wise to obtain professional advice before signing.
2. Is Your Will in Writing?
A will must be in writing. It may be:
- Typed; or
- Handwritten.
Verbal, audio and informal spoken instructions are generally not valid wills.
Your will should clearly identify you and explain how your assets should be dealt with after your death.
3. Have You Signed It Correctly?
You must sign your will at the end of the document.
You may also acknowledge a signature that was already placed on the will, but this must happen in front of the required witnesses.
If you are unable to sign personally, another person may sign on your behalf, but strict legal requirements apply. It is best to obtain professional assistance in this situation.
4. Were the Correct Witnesses Present?
Your will must be witnessed by at least two competent witnesses.
The witnesses must:
- Be at least 14 years old;
- Be mentally capable of giving evidence;
- Be present at the same time;
- See you sign the will, or hear you acknowledge your signature; and
- Sign the will in your presence and in each other’s presence.
Avoid using beneficiaries as witnesses
A beneficiary, or the spouse of a beneficiary, should not act as a witness. Doing so may affect that person’s right to inherit under the will.
It is safest to use two independent adults who have no interest in the estate. Although an executor may be able to witness a will, using independent witnesses is generally preferable.
5. Should Every Page Be Signed?
Yes. As a practical precaution:
- Sign or initial every page; and
- Have the witnesses sign or initial the pages where appropriate.
The legal requirements for signing pages can be technical, particularly where a will contains more than one page. Signing every page helps show that the pages belong together and reduces the risk of disputes about changes or missing pages.
Your signature at the end of the will and the correct witnessing process remain especially important.
6. Should the Will Be Dated?
A date is not generally required for a will to be valid, but adding one is strongly recommended.
A date helps to:
- Identify the most recent will;
- Show which will should be used; and
- Highlight changes in your circumstances.
You should review your will after major life events, such as:
- Marriage or divorce;
- The birth or adoption of a child;
- The death of a beneficiary;
- Buying or selling major assets; or
- A significant change in your family or financial circumstances.
7. Are Electronic Wills Valid?
South African law does not generally recognise a will signed only with an electronic signature as a valid formal will.
A will should be printed and signed manually, using the required witnessing process. Saving a document on a computer, emailing it or signing it electronically does not replace these formalities.
8. Can a Court Accept an Informal or Unsigned Will?
In limited circumstances, a court may order the Master of the High Court to accept a document as a will even if it does not comply with all the formal requirements.
This is dealt with under section 2(3) of the Wills Act.
The court must be satisfied that:
- The document was drafted or executed by the deceased; and
- The deceased intended it to be their will.
This process is not automatic. It can be expensive and time-consuming, and there is no guarantee that the court will accept the document.
It is far better to ensure that your will is properly prepared and signed while you are alive.
9. Could the Will Be Challenged?
Even a correctly signed will may be challenged if there are concerns about:
- Lack of mental capacity;
- Fraud or forgery;
- Undue influence or pressure;
- Mistakes in the document; or
- Uncertainty about your wishes.
If your family circumstances are complicated, or if someone may dispute the will, consider having it prepared or reviewed by a legal professional.
Final Checklist
Before signing your will, make sure it is:
✅ In writing
✅ Clear and up to date
✅ Signed correctly
✅ Witnessed by two competent witnesses
✅ Signed by the witnesses in the required manner
✅ Signed or initialled on each page as a precaution
✅ Dated
✅ Stored safely
✅ Easy for your executor or a trusted person to locate
A small mistake can cause serious problems for your loved ones. If you are unsure whether your existing will is valid, have it reviewed by a qualified South African legal professional.