Can a Will be signed by Electronic Signature in South Africa?

In the digital era, the question of whether a will can be signed electronically in South Africa has emerged as a pivotal point of discussion, blending the realms of technology and law. While the Electronic Communications and Transactions Act (ECTA) of 2002 lays the groundwork for electronic signatures in various transactions, testamentary law remains governed by the Wills Act of 1953, which mandates stringent formalities for will execution.

The Wills Act stipulates that a will in South Africa must be in writing, signed by the testator in the presence of two or more witnesses, who also sign in each other's presence and that of the testator.

The ECTA explicitly prohibits “the execution, retention and presentation of a will or codicil” by way of electronic signature.

The South African Law Reform Commission (SALRC) has initiated a comprehensive review of succession laws, including the feasibility of electronic wills. Advocates argue that electronic signatures, coupled with robust authentication, offer convenience and accessibility in a digital society. However, detractors raise concerns about authentication, fraud prevention, and protecting vulnerable testators in a digital environment.

As the discourse evolves, a delicate balance must be struck between embracing technological progress and upholding testamentary principles. Any reforms must prioritize the integrity of the testamentary process and safeguard the interests of all stakeholders. For now, a Will cannot be signed by way of electronic signature in South Africa.