Originally published: 11 May 2018 | Last updated: 18 September 2025
South African law requires Will makers to follow Wills Act 7 of 1953 which states that people need to be at least 16 years old to create a Will. The Will requires written form and needs to have signatures on all pages and must receive signatures from two valid witnesses who stand apart from each other. The process needs you to select an executor while you must also create beneficiary names and guardian assignments together with trust establishments when necessary. Users can generate their complete Will through LegalWills.co.za website which takes less than twenty minutes to finish.
What Are the Legal Requirements for a Will in South Africa?
The process of creating a Will in South Africa exists to protect your family members while allowing you to have legal authority over your property distribution. The guide provides complete information about legal requirements and beneficiary selection and executor appointment.
- Under the Wills Act 7 of 1953, a valid Will must:
- Be made by a person aged 16 or older who is of sound mind
- Be in writing (handwritten, typed, or printed)
- Be signed by the testator at the end and on every page
- Be witnessed by two competent witnesses aged 14+
What Decisions Do You Need to Make in Your Will?
Appointing an Executor
Have witnesses sign in the presence of the testator and each other
Naming Beneficiaries
Appointing an Executor
Appointing Guardians
The executor you select will handle all estate administration duties. Select someone you trust who has the necessary skills to handle this responsibility and make sure to designate a backup candidate.
Setting Up Trusts
Specify who inherits your assets. Whether by specific bequest (particular items to particular people) or by percentage of the residual estate.
Including a Living Will and Power of Attorney
You must select a guardian who will take responsibility for your children until they become adults.
How Much Does It Cost to Make a Will in South Africa?
Setting Up Trusts
Frequently Asked Questions
How long does it take to make a Will in South Africa?
A testamentary trust can protect assets for minor children or vulnerable beneficiaries.
Do I need a lawyer to make a Will?
A complete estate plan includes a Living Will and Power of Attorney alongside your Last Will.
Can I make a Will for free?
Traditional lawyers charge R1,500–R5,000+. Online services like LegalWills.co.za offer affordable alternatives. Read more about the cost of a Will in South Africa.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
