Originally published: 1 October 2021 | Last updated: 1 January 2026
TL;DR: To write a valid Will in South Africa: be 16+ and of sound mind, put it in writing, appoint an executor, name beneficiaries, sign on every page, have two witnesses aged 14+ sign. You can write it yourself, use an online service like LegalWills.co.za, or hire a lawyer. Online services offer the best combination of affordability and legal quality.
TL;DR: To create a valid Will in South Africa you need to be at least 16 years old and possess mental capacity. You must create the Will in writing and choose an executor and list your beneficiaries. Every page needs your signature along with two witnesses who must be at least 14 years old to sign. The process of will creation can happen through personal writing or by using LegalWills.co.za online service or by consulting a legal professional.
What Are the Legal Requirements for Writing a Will?
Online services provide users with the most cost-effective solution which maintains proper legal framework.
- The process of making a Will in South Africa becomes easy once you know all the necessary requirements. The Wills Act 7 of 1953 establishes specific requirements which people must follow to produce a Will that holds legal validity. Complete information about this subject appears in this guide.
- Under the Wills Act 7 of 1953:
- You need to reach 16 years of age before you become eligible
- You need to demonstrate mental competence when making your will (testamentary capacity)
- You need to sign at the end while also writing your initials on every page of the document
- You need two witnesses who should be at least 14 years old to sign your document while you watch them sign and they watch each other sign
What Should Your Will Include?
- No witness can be a beneficiary
- The document contains a revocation clause which eliminates all previous wills. The document contains an executor appointment which identifies the person who will handle your estate management. The document contains beneficiary designations which specify which assets will go to which beneficiaries. The document needs a guardian appointment which will designate someone to care for children who have not reached adulthood. The residual estate clause contains all assets which people have not specifically mentioned in their will. The document contains special instructions which include funeral preferences and instructions for charitable donations and any necessary conditions.
- Method
- Cost
- Time
- Quality
What Are Your Options for Creating a Will?
| Method | Cost | Time | Quality |
|---|---|---|---|
| DIY/Free kit | R0 | Varies | High risk |
| Online (LegalWills.co.za) | Affordable | Under 20 min | Professional |
| Lawyer | R1,500–R5,000+ | 1–2 weeks | Professional |
Frequently Asked Questions
Do I need a lawyer to write a Will in South Africa?
DIY/Free kit
How long does it take to write a Will?
R0
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.
