Wills & Estate Planning · Free Health Check

Is your will actually valid?

A will that fails the formalities of the Wills Act can be thrown out, leaving your estate to be distributed as if you'd never written one. Answer these eleven questions and we'll flag where yours may be at risk.

Educational screening only, based on your answers, not a legal opinion on your specific will. A defect flagged here (or missed here) should always be confirmed by having the will reviewed.

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The eleven checks

Each question maps to a requirement of the Wills Act 7 of 1953. Answer honestly, "not sure" is a valid answer and will be flagged for review.

Was the person making the will 16 years or older when they signed it?

South African law lets anyone of 16 or older make a will.

Wills Act s4

At the time of signing, was the person mentally capable of understanding what they were doing and the effect of the will?

The person must be able to appreciate the nature and effect of the act. A will made while the person lacked mental capacity is invalid.

Wills Act s4

Is the will in writing?

A will must be written, typed or handwritten. There is no such thing as a valid purely oral (spoken) will in South African law.

Wills Act s2(1)(a)

Did the person making the will sign it themselves at the end of the will?

The testator must sign (or make a mark, or direct someone to sign on their behalf in their presence). The signature must be at the end of the will.

Wills Act s2(1)(a)(i)

Was the will signed in the presence of TWO or more competent witnesses, present at the same time?

Two competent witnesses (14 or older and able to give evidence in court) must be present together and see the testator sign.

Wills Act s2(1)(a)(ii)

Did those same witnesses then sign the will themselves, in the presence of the person making the will?

The witnesses must sign the will in the presence of the testator (and, in practice, of each other).

Wills Act s2(1)(a)(iii)

If the will was signed by a mark (e.g. thumbprint) or by someone signing on the testator's behalf, was a Commissioner of Oaths present to certify it?

Where the testator signs by mark or another person signs for them, a Commissioner of Oaths must certify the will and identify the testator, on every page.

Wills Act s2(1)(a)(v)

Did the person making the will sign every page, not just the last one?

The testator must sign anywhere on each page, as well as at the end of the last page. A missing page signature is a common, serious defect.

Wills Act s2(1)(a)(i)

Did anyone who signed as a witness (or their spouse) also stand to inherit under the will, or was named as executor?

A witness, or that witness's spouse, who is also a beneficiary or executor may be disqualified from inheriting or from taking the appointment, even though the will itself stays valid. A frequent and costly trap.

Wills Act s4A

Are there any handwritten changes, crossings-out, or additions on the will made after it was signed?

Any amendment made after signing must itself be signed and witnessed with the same formalities, right next to the change. Unsigned handwritten changes are usually invalid, and can cast doubt on the surrounding text.

Wills Act s2(1)(b)

Are you confident this is the person's most recent will, with no later will or codicil anywhere?

A later valid will revokes an earlier one. Acting on a will that has been superseded is a common and serious error.

Revocation, common law & s2A

Answer all 11 questions to see your result

Important: This health check provides general information on the formal validity requirements of the Wills Act 7 of 1953 and is not legal advice or a legal opinion on your will. A will may be valid despite a flag here, or invalid despite passing, only a review of the actual document can confirm validity, and a court may in some cases condone a non-compliant will under section 2(3). lawvero (Pty) Ltd provides document preparation services; reserved legal work is performed by our partner attorneys. © lawvero (Pty) Ltd 2026 · law, verified.

Wills & Estate Planning · Free Health Check

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