Important information

Source: Wills Act 7 of 1953, section 2(1)(a), as consolidated by the Department of Justice and Constitutional Development. Content verified against the current consolidation on the date shown below. This is a plain-language summary, not legal advice.

• The will is signed at the end by the testator, or by another person in the testator's presence and by the testator's direction.
• The signature is made — or an existing signature is acknowledged by the testator — in the presence of two or more competent witnesses present at the same time.
• The witnesses then sign the will in the presence of the testator and of each other.
• If the will consists of more than one page, each page other than the page on which it ends is also signed anywhere on the page by the testator (or the person signing on the testator's direction).
• A competent witness is a person of 14 years or older who at the time of witnessing is competent to give evidence in a court of law.

Practical best practice (not statutory): use the same pen throughout, sign as close as reasonably possible to the end of the last page, and keep a scanned copy — the Master of the High Court requires the wet-ink original.

Section 4A of the Wills Act generally disqualifies a person who signs a will as a witness — and, in specified cases, that witness's spouse — from receiving any benefit under it, including a nomination as executor, trustee or guardian that carries a benefit. The section also contains statutory exceptions (for example, where the court declares the person was not connected with fraud or undue influence, or where the person would have been entitled to inherit intestate, subject to limits).

We therefore strongly recommend choosing witnesses who are not beneficiaries, nominated executors, trustees or guardians under the will, and who are not spouses of any such person. Edge cases — where a proposed witness may fall within an exception — should be reviewed by an attorney before signing.