In short: no, you still cannot validly sign your will online in South Africa. In Mmelesi v Mokgoro N.O. (opens in a new tab) [2026] ZANCHC 8 a court did accept an electronically signed will, but only after a High Court application and a failed appeal attempt by a disappointed beneficiary. The safe way is still the old-fashioned way: print your will, sign it in ink in front of two witnesses, and keep the original somewhere safe.
What happened in the Mokgoro case
• Two wills. Jennifer Mokgoro signed a will in 2014 on paper, following all the formalities. It left her share in a property in Magersfontein to her life partner, Mr Mmelesi. • A second, electronic will. In 2021 she made a new will leaving that share to her children and granddaughter. She and her two witnesses signed it electronically, not in ink. No paper original existed; a copy was recovered from a financial services company that stored it electronically. • The court route. Her son, the executor, asked the Northern Cape High Court to order the Master to accept the 2021 will under section 2(3) of the Wills Act. On 1 August 2025 Judge Lever granted the order. • The appeal attempt. Mr Mmelesi argued that the Electronic Communications and Transactions Act (ECTA) blocks a court from saving an electronic will. On 30 January 2026 the court refused leave to appeal. It held that nothing in ECTA "either expressly or by necessary implication" excludes section 2(3).
The key fact: Mr Mmelesi conceded that the deceased intended the 2021 document to be her last will. Without that concession, the outcome could have been very different.
Can I sign my will online? What the law says
Not validly. Two laws decide this.
The Electronic Communications and Transactions Act 25 of 2002. ECTA is the law that makes electronic signatures valid for most contracts. But it specifically leaves out "the execution, retention and presentation of a will or codicil as defined in the Wills Act" (sections 4(3) and 4(4), read with Schedules 1 and 2). So DocuSign, a scanned signature, or signing a PDF on a tablet does not make a will valid, even with an advanced electronic signature.
The Wills Act 7 of 1953. Section 2(1)(a) sets the formalities for a valid will: • the will is in writing; • you sign it at the end, and sign every page if there is more than one; • you sign in the presence of two or more competent witnesses, who are present at the same time; and • the witnesses sign in your presence and in each other's presence.
Video calls, "virtual witnessing" and WhatsApp confirmations do not meet these requirements. The Mokgoro judgment did not change the law. It only applied the court's existing power to rescue a defective will.
What happens if a will is signed electronically
An electronically signed will is not valid on its face. The Master will not accept it. Your family's only option is to ask the High Court to save it under section 2(3) of the Wills Act. The court must be satisfied that: 1. the document was drafted or executed by the person who has died; 2. that person has since died; and 3. that person intended the document to be their will.
This route has real costs for the people you leave behind: • Time: a High Court application, and possibly an appeal, delays the whole estate. In Mokgoro the judgment on leave to appeal came about five months after the first order. • Money: legal costs come out of the estate, or out of the pockets of the family members fighting it. • Uncertainty: if anyone disputes that the document was your final intention, a court may refuse it. Your estate then falls back on an earlier will, or on intestate succession if there is none. • Family conflict: competing wills invite disputes, as the Mokgoro case shows.
What you can do online, and how to sign safely on paper
You can do almost everything online except the signing. Answering a will questionnaire, having the will drafted and checking the draft can all happen online. The final step must happen on paper.
The safe signing process: 1. Print the final will. Check that names, ID numbers and the executor's details are correct. Don't make handwritten changes on the day. 2. Gather two witnesses. Each must be 14 or older and competent to give evidence in court. Don't use anyone who inherits under the will, or their spouse. Section 4A of the Wills Act can disqualify them from inheriting. 3. Sit together. You and both witnesses must be in the same room at the same time. 4. Sign in ink. Sign at the end of the will and on every page. Then each witness signs in your presence and in each other's presence. 5. Date it. Write the date and place of signing where the will provides for it. 6. Keep the original. Store the signed original safely and tell your executor where it is.
If you can't sign your own name, for example because of illness, special rules apply. A commissioner of oaths must certify the will, so get help before signing.
Keeping the original safe
The Master needs the original signed will when your estate is reported. A copy, a scan or a photo on your phone creates the same problem as an electronic signature: your family may need a court order to use it.
• Keep the original with your attorney, your bank, your executor or a fireproof safe. • Tell your executor and one trusted family member where it is. • Keep a scanned copy for reference, but treat it as a copy only. • To change your will, make a new will or a codicil and sign it with the same formalities. Editing a Word or PDF file changes nothing.
Frequently asked questions
Is an electronic signature valid on a will in South Africa? No. ECTA excludes wills, and the Wills Act requires a signature in the physical presence of two witnesses.
Did the Mokgoro case make electronic wills legal? No. The court rescued one specific will under section 2(3) because everyone accepted it was the deceased's final intention. It did not change the formal requirements.
Can my witnesses sign over Zoom or Teams? No. You and both witnesses must be physically present together when signing.
Can a beneficiary witness my will? They can, but they and their spouse risk losing their inheritance under section 4A of the Wills Act. Use independent witnesses.
Is a copy of my will valid? A copy is not enough on its own. Without the original, your family may need a court application, so keep the original safe.
Will South Africa allow electronic wills in future? That would need Parliament to amend the Wills Act and ECTA. As at 25 October 2026, no such amendment has been passed.
Get your will right the first time
Lawvero drafts wills from R450. You complete the questionnaire online, we prepare your will, and you receive clear signing instructions so you can sign it in ink, correctly witnessed.
Sources
• Mmelesi v Mokgoro N.O and Others (09/2025) (opens in a new tab) [2026] ZANCHC 8, 30 January 2026, SAFLII • Are electronic wills valid? (opens in a new tab), Couzyn, Hertzog & Horak • Electronic wills in South Africa: the Mokgoro case explained (opens in a new tab), Wes Smith • Why South Africans should still sign their wills on paper (opens in a new tab), Moneyweb
This article is general information as at 25 October 2026, not legal advice. Lawvero provides document preparation services and does not provide legal advice.