27 September 2023

What Makes a Will Valid in South Africa

Submitted by: Josh Maraney
What Makes a Will Valid in South Africa

In South Africa, for a will to be legally binding, it must meet specific criteria. Here’s what you need to know:

Written Format

While oral wills might be valid in some jurisdictions, in South Africa, wills must be in writing.

Age Requirement

The person drafting the will, known as the testator, must be over the age of 16.

Sound Mind

The testator must be mentally competent, understanding the implications of their will.

Witnesses

The will must be signed by the testator and two competent witnesses, all present at the same time. Beneficiaries should not act as witnesses.

Clear Intent

The will should clearly indicate the distribution of assets and name an executor to oversee this process.

In Conclusion

Ensuring your will is valid is paramount. While the process might seem daunting, platforms like Capital Legacy can provide clarity and assistance.

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