How to write a will that actually holds up

A will is one of the most important documents you will ever sign, and one of the easiest to get wrong. If it does not meet the formalities, your estate may be divided as if you had no will at all.

The formalities

• The will must be in writing, typed or handwritten.
• You must sign it at the end, and sign every other page as well.
• Two competent witnesses, aged 14 or older, must be present at the same time when you sign.
• The witnesses must sign the will in your presence and in each other’s presence. Most practitioners have them sign every page.

Who should not be a witness

A witness, or the spouse of a witness, can be disqualified from inheriting under the will. The same applies to the person who writes the will for you. Choose two adults who receive nothing.

What to include

• An executor to wind up your estate.
• A guardian for any minor children.
• A testamentary trust for minors, so their inheritance is managed until they are older rather than paid into the state’s Guardian’s Fund.
• Specific bequests of particular items or amounts.
• Who receives the rest of your estate, called the residue.

Mistakes that cause wills to fail

• Unsigned pages, or handwritten changes that were not signed and witnessed.
• A beneficiary acting as a witness.
• Not updating the will after marriage, divorce or the birth of a child.
• Storing the only original where nobody can find it.

Recently divorced?. If you die within three months of a divorce, your will is read as if your ex-spouse had died before you, unless it is clear you intended them to inherit. Update your will as soon as you can.

Keep the original in a safe place, such as with your attorney or bank, and tell your executor where it is.

General information about South African law, not legal advice. Read our disclaimer.