Here is what validates a will in the Republic of South Africa:
As a human being living in a capitalistic society which is driven by materialistic accumulation and profitability, you probably wake up each morning with an agenda to acquire more income,accumulate more assets and to maintain your standard of living however life isn’t eternal but temporal, thus the enquiry becomes : “having worked so hard,what will happen to my money ,wealth and assets, once I die?”. This enquiry necessitates the drafting & validation of a will, for which it’s purpose is to actualize and advance your wishes in terms of who is/are the recipient(s) of your assets once you have left the land of the living.
The fundamental requirements for a legally binding will are stipulated in the Wills Act 7 of 1953 as updated ,which is applicable to any testator who passed away on or after 1 October 1992. It is of paramount importance for a will to be in writing, as Will is elucidated as that which is a ‘document’ and
‘signed’ as per the Act. With ‘writing’ defined as both a handwritten document as well as a typed document.
The fundamental prerequisites stipulated for a Will to ne rendered legally binding and valid in South Africa:
Firstly,the document ought to be authorized by signature by the testator/testarix (a human being whose intentions and desires are written in the Will.)
Secondly, the signature of the testator/testarix ought to be specifically located at the end of the document(not necessarily the bottom of the the page). This single handedly tends to invalidate many Wills if not adhered to. Therefore each page ought to have the signature of the testator/testarix.
Thirdly, the testator/testarix ought to authorize the Will using a signature in the presence of 2 or more witnesses, all witnesses ought to be present simultaneously not at different intervals.
Fourthly,the witnesses are required by Law to also sign the Will , the only difference with them is that they aren’t required to sign at the end of each and every page of the Will but exclusively at the end of the document. It is also significant to note that the witnesses are required to sign in the presence of each other as well as the testator/testarix.
Clarity : who is regarded as a ‘competent witness’ ? The Act regards anyone over the age of 14 at the time of being a witness to the will and one who is capacitated and eligible to give evidence in a court of Law.
It is also worth noting that a witness ought to be an individual who isn’t a recipient of any assets/wealth stipulated on the Will by the testator/testarix. Therefore ensure that none of your beneficiaries or potential beneficiaries are selected as witnesses. In the context of a testator/testarix who is physically incapacitated to authorize by signature, the Act does accommodate for that individual by allowing him/her to instruct another individual to sign his/her Will on their behalf.
Relatively , the Act does also accommodate for illiterate individuals by requiring simply a mark or placing their fingerprint ink on the pages/document. Such individuals should attach relevant proof of certification regarding their incapacities and illiteracy.
Conclusion :
To avoid invalidity, disappointment, delays and eventually your will rendered null and void upon execution, kindly ensure that you adhere to all the fundamental requirements as stipulated.
Should you require the qualified and expert services of an entity which is equipped with drafting a valid and legally binding will, do WhatsApp Manzankosi Corporate Legal Consultancy on 067 147 2323 | 081 712 1114 or alternatively, www.manzankosiclc.co.za .
