Drafting a Will in South Africa: A Step‑by‑Step Legal Guide
Drafting a will is one of the most important legal acts you can take to ensure your estate is distributed according to your wishes. In South Africa, the process is governed primarily by the Wills Act 7 of 1953 and the Administration of Estates Act 66 of 1965. Failing to draft a valid will can result in your estate being distributed according to intestate succession laws, which may not align with your personal intentions.
This guide provides a clear step-by-step breakdown of how to draft a legally valid will in South Africa, answers frequently asked questions, and explains how Benaters can help.
Step‑by‑Step Guide to Drafting a Will in South Africa
1. Confirm Your Legal Capacity
You must be:
- At least 16 years old
- Mentally capable of understanding the consequences of your decisions
2. List Your Assets and Beneficiaries
Create a detailed list of your assets (e.g. property, vehicles, savings, policies).
- Decide who should inherit each item.
- Include details for minor children, guardianship arrangements, and funeral wishes.
3. Appoint an Executor
Choose a trusted individual or professional to manage your estate.
- Include their full name, ID number, and whether they should be exempt from furnishing security.
4. Draft the Will Document
It can be typed or handwritten.
- You must sign each page and at the end of the document.
- Clearly state that it is your last will and testament.
5. Sign in the Presence of Witnesses
You must sign in the presence of two competent witnesses (aged 14 or older).
- Witnesses must not be beneficiaries or spouses of beneficiaries.
- All parties must sign every page in each other's presence.
6. If You Cannot Sign Yourself
You may make a mark (such as a thumbprint), or instruct someone else to sign on your behalf.
- A Commissioner of Oaths must certify that you intended to sign the will and were mentally capable at the time.
7. Store the Original Will Safely
Keep the original will in a secure location.
- Let your executor or family know where it is stored, as the original must be lodged with the Master of the High Court upon your death.
8. Review and Update as Needed
Use a codicil (a legally valid amendment) or draft a new will if your circumstances change (e.g. marriage, divorce, birth of a child).
✅ Why Having a Will Matters
Without a valid will:
- Your estate will be administered according to intestate succession, potentially disinheriting those you care about most.
- The process of winding up your estate can be more complex, costly, and time-consuming for your loved ones.
🔍 Frequently Asked Questions
Q1: Who can make a valid will in South Africa?
Anyone 16 years or older who is of sound mind can make a will.
Q2: Can I handwrite my will?
Yes, but all pages must be signed and witnessed correctly. A handwritten will is valid if it meets all legal requirements.
Q3: Can my spouse or child be a witness?
No. Beneficiaries and their spouses cannot act as witnesses, or they may be disqualified from inheriting.
Q4: Can I appoint more than one executor?
Yes. You may appoint joint executors (e.g. a family member and a legal professional).
Q5: What happens if I lose my will?
Only the original will is accepted by the Master’s Office. A copy may be rejected, leading to intestate succession.
Q6: How often should I update my will?
Review your will after any major life change—marriage, divorce, the birth of a child, or acquiring new property.
⚖️ Executor Responsibilities
An executor is responsible for:
- Applying to the Master of the High Court for Letters of Executorship
- Advertising the estate and identifying liabilities
- Collecting and safeguarding estate assets
- Opening an estate late bank account
- Paying debts and distributing inheritances
- Preparing the Liquidation & Distribution Account
- Obtaining tax clearance from SARS
Executors are entitled to a fee (typically up to 3.5% of the estate’s value, plus VAT).
📞 Contact Us to Draft Your Will
Don’t wait until it’s too late. Our expert legal team will ensure your will meets all South African legal requirements and reflects your wishes accurately.
👉 Contact us to draft your will
⚠️ Disclaimer
This article is for informational purposes only and does not constitute legal advice. For personalised assistance, please speak to one of our experienced attorneys.