Formality requirements for a valid will
Introduction
At van Heerden Attorneys we understand the importance of your will, it is not merely a document dictating the distribution of your estate, but rather one that preserves your legacy and ensures the well-being of your loved ones after death. It is therefore important to ensure that you have a valid will in place.
Formality requirements
The following are the formality requirements for a valid will in South Africa as developed by legal precedent, the common law, the Wills Act and the Law of Succession Amendment Act:
- The testator/testatrix must have attained the age of 16 years at the date on which the will is drafted.
- The testator/testatrix must be mentally capable of appreciating the effect of his/her act at the date on which the will is drafted.
- It must be clear from the wording of the document that the testator/testatrix had the necessary animus testandi. Simply put, it must be clear from the wording of the document that the testator/testatrix had the intention to draft a will.
- The testator/testatrix must sign the will at the end thereof. The will may also be signed on behalf of the testator, by a person in the testator’s presence and by the testator’s direction, this is however not advisable.
- Two witnesses must sign the will in the presence of the testator. Strictly speaking the witnesses only have to sign the last page, we do, however, suggest that each page be witnessed to prevent any room for debate as to the validity of a certain page/clause.
- The testator/testatrix must sign each page of the will.
- A will must be in written form, as derived from the above formality requirements.
- The will must be dated. Although this is not a strict requirement, the dating is crucial to determine which will is the latest. In South Africa the latest will takes effect.
Conclusion
Don’t leave the validity of your will up to interpretation. We offer personalised will drafting, ensuring that your wishes are contained in a valid will. Contact us today to have your complimentary will drafted.
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