Originally published: 1 October 2021 | Last updated: 4 January 2026
Writing a Will in South Africa is straightforward when you understand the requirements. The Wills Act 7 of 1953 sets out clear rules for creating a legally valid Will. This guide covers everything you need to know.
What Are the Legal Requirements for Writing a Will?
Under the Wills Act 7 of 1953:
- You must be 16 years or older
- You must be of sound mind (testamentary capacity)
- The Will must be in writing
- You must sign at the end and initial every page
- Two competent witnesses aged 14+ must sign in your presence and each other’s
- No witness can be a beneficiary
What Should Your Will Include?
- Revocation clause: Cancels all previous Wills
- Executor appointment: Names the person who will administer your estate
- Beneficiary designations: Who inherits what
- Guardian appointment: For minor children
- Residual estate clause: Covers any assets not specifically mentioned
- Special instructions: Funeral wishes, charitable donations, conditions
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?
No. The Wills Act does not require a lawyer.
How long does it take to write a Will?
Under 20 minutes online at LegalWills.co.za.
President and CEO at South Africa Legal Wills
Tim Hewson is one of the founders of LegalWills.co.za.
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.
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.
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