Legal ramifications and importance of having a will in SA

A will is a critical document that outlines how your assets should be distributed after your death.

- Ettienne Bezuidenhout

In South Africa, the need for a will is often overlooked, particularly by younger individuals or others who believe they lack substantial assets.

This article explores the importance of having a will, explaining the legal ramifications, benefits and common misconceptions about the document.

Legal framework

In SA, wills are governed by the Wills Act, which stipulates the legal requirements for creating a valid will.

To be legally binding in SA:

It must be in writing (either typed or handwritten).

The testator (the person making the will) must be 16 years or older.

The testator must sign the will at the end of the document in the presence of two witnesses.

The two witnesses must also sign the will, and they must not be beneficiaries or spouses of beneficiaries in the will.

Failure to comply with these requirements could result in the will being declared invalid.

Ensuring wishes are honoured

One of the primary reasons to have a will is to ensure that your wishes are respected after you die.