The part most people get wrong
How to sign your will so it actually counts
South African law (the Wills Act 7 of 1953) sets strict formalities. A beautifully drafted will that is signed incorrectly can be worthless — and fixing it after death requires an expensive High Court application. Follow these steps exactly.
Print your will single-sided
Print the entire will on paper, single-sided, in black and white. Do not sign a screen or a scanned copy — South African law does not recognise electronic wills, so only the printed, ink-signed document is valid.
Gather two eligible witnesses
You need two witnesses, both 14 years or older and of sound mind. Critically: a witness must NOT be a beneficiary under the will, the nominated executor or guardian, or the spouse of any of these people. A witness who stands to inherit can be disqualified from inheriting. Neighbours, colleagues or friends who receive nothing under the will are ideal.
Everyone in the same room, at the same time
You and both witnesses must all be physically present together for the entire signing. The witnesses must actually see you sign, and you must see them sign.
Sign in full at the end of the will
Using a pen (black ink recommended), sign your usual full signature immediately below the attestation paragraph at the end of the will. Fill in the place and date where indicated.
Sign every other page
Sign or initial at the foot of every page of the will other than the last. The law requires the testator to sign each page — do not skip any page.
Witnesses sign the last page
Both witnesses sign in full on the last page, in the spaces provided, in your presence and in each other's presence. It is good practice (though not strictly required) for the witnesses to also initial every other page, next to your initials.
Do not alter the document
Do not write on, cross out or amend anything on the will after printing. If you spot a mistake, generate a corrected will and sign that instead. Never unstaple, re-staple or take the signed will apart.
Store the original safely — and tell your executor
The Master of the High Court requires the original signed will; a copy is not sufficient. Keep the original somewhere safe (a fireproof safe or with a trusted institution) and tell your executor and a family member exactly where it is.
Who may witness — all four must be true
- !14 years or older and competent to give evidence in court
- !Not a beneficiary under the will (and not married to one)
- !Not the nominated executor or guardian (and not married to them)
- !Physically present, together, when the testator signs
When to make a new will
- →Marriage or divorce (in South Africa, a bequest to an ex-spouse can fall away if you die within 3 months of the divorce — after that, an outdated will stands)
- →Birth or adoption of a child
- →Death of a beneficiary, executor or guardian named in the will
- →Buying or selling significant assets, or moving abroad