How to write a valid will in South Africa (Wills Act rules)
5 min read · General information, not legal advice
Quick answer
Under the Wills Act 7 of 1953, a will must be in writing, signed by you at the end (and on every page), and signed by two competent witnesses aged 14 or older who are all present at the same time. A witness, or the person who writes the will for you, and their spouse shouldn't inherit under it.
Why we don't sell a will template
A small mistake in signing or witnessing can make a will invalid, and estates involve tax, property and family law. Many banks, attorneys and fiduciary services draft basic wills for free or a small fee, often with free safekeeping.
If you die without a will
Your estate is divided under the Intestate Succession Act 81 of 1987, mostly between a spouse and children. This may not match what you want, especially for unmarried partners.
Keep it safe
Keep the original somewhere safe and tell your executor where it is. After death the original goes to the Master of the High Court.
Frequently asked questions
Do I need a lawyer to write a will in South Africa?
No, but it's strongly advised. A will that isn't signed and witnessed correctly can be invalid.
Can a beneficiary witness my will?
They shouldn't. A witness, and their spouse, may be disqualified from inheriting.
Does a power of attorney work after death?
No. A power of attorney ends on death. Your will and executor take over.
Templates for this
