In this era that we live in where time has become a scarce commodity for some, it is a real possibility that one can forget to sign the will that is lying on your desk (or on your computer) drafted by yourself or your fiduciary advisor on your instructions. The question is, will this document be legally accepted as your Last Will and Testament?

A will is a document in which a person sets out how his or her belongings must be distributed after death.


Legislation (Wills Act 7 of 1953, as amended) contains the requirements for a valid will which includes the following:

• The person who makes the will (referred to as the testator/testatrix) must be over the age of 16 (sixteen) years and mentally competent;
• The will must be in writing (handwritten/typed).  If the will is written by someone else on behalf of the person who makes the will, that person cannot be a beneficiary in the will;
• Each page must be signed by the person who makes the will;
• The will must be signed by two competent witnesses (a person 14 [fourteen] years or older);
• The person who makes the will and the two or more competent witnesses must sign the will in each other’s presence.

If all the requirements are not followed, the will may be invalid and this could mean an earlier will comes into play (if one was previously made) or the Intestacy rules will apply (where there is no will).

In light of the above requirements, an unsigned will is not valid. However, the same legislation referred to above does make provision for condonation by the High Court. This means that the executor or any heir or beneficiary may approach the High Court of SA to declare the unsigned will as valid. Section 2(3) of the Wills Act contains the requirements for condonation, which section stipulates as follow: 

“If a Court is satisfied that a document or the amendment of a document drafted or executed by a person who has died since the drafting or execution thereof, was intended to be his will or amendment of his will, the court shall order the Master to accept that document, or that document as amended, for the purposes of the Administration of Estates Act, 1965, as a valid will, although it does not comply with all the formalities for the execution or amendment of wills referred to in subsection (1).”

Unfortunately, this process may bring about a significant cost to the estate and will ultimately delay the winding-up of the estate.

Should you have any questions or in need of advice, you are welcome to contact our fiduciary department on 044 – 874 1140 / theresa@millers.co.za