General information, not legal or tax advice. Every estate is different: confirm with the Master's Office, SARS, an attorney or a fiduciary practitioner before you act.

Wills basics

A valid will lets you choose your heirs, your executor and a guardian for your children. Without one, the Intestate Succession Act decides for you. The Wills Act 7 of 1953 sets the rules for making a will in South Africa.

The formalities

  • You must be at least 16 and mentally capable of understanding what you are doing (s4).
  • The will must be in writing and signed at the end by you, in the presence of 2 competent witnesses aged 14 or older (s2(1)(a)).
  • The witnesses sign in your presence and in the presence of each other.
  • If the will has more than one page, sign every page. Numbering the pages helps.
  • Changes after signing must be signed by you and the witnesses next to the change.

Who should not be a witness

A witness, the person who writes out the will for you, and their spouses are generally disqualified from inheriting under that will (s4A). Use independent adults as witnesses.

What to include

  • Who inherits what, including what happens if an heir dies before you.
  • Your executor. Naming a trusted person (and exempting them from security, if you wish) can save time and money; compare the executor's fee you would agree to.
  • A guardian for minor children, and a testamentary trust if young children will inherit, so money does not go to the Guardian's Fund.
  • Your marital property regime matters: in community of property you can only leave your half of the joint estate.

If there is no valid will

The estate goes to the heirs set out in the Intestate Succession Act. See intestate succession explained or use the who inherits calculator.

Frequently asked questions

Does a will have to be drawn up by an attorney?

No. Any will that meets the formalities of the Wills Act is valid. An attorney, fiduciary practitioner or bank can help with complicated estates, trusts or business assets, and usually keeps the original safe.

Is a will made on a phone or computer valid?

A will must be in writing and signed. An unsigned electronic document, voice note or video is not a valid will on its own, although a court can sometimes order the Master to accept a document the deceased clearly intended as their will (s2(3)).

Do I need a new will after marriage or divorce?

Marriage does not cancel an existing will, so review it. After a divorce, if you die within 3 months, the will is applied as if your ex-spouse had died before you, unless it shows you meant to benefit them anyway (s2B). After that period, an old will can still benefit an ex-spouse, so update it.

Where should the original will be kept?

Somewhere safe that your family knows about: with your attorney, bank or trust company, or a fireproof place at home. The original, not a copy, must be sent to the Master after the death.

General information, not legal or tax advice. KayaLegacy gives general information based on the Administration of Estates Act, the Estate Duty Act, the Income Tax Act, the Intestate Succession Act, the Wills Act and guidance from the Master of the High Court and SARS. It is not legal or tax advice and does not create a professional relationship. Every estate is different: results are estimates, and the Master, SARS or the courts may reach a different answer. For advice on a particular estate, speak to the Master's Office, an attorney, a fiduciary practitioner or a tax practitioner.
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