Wills basics
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.