Wills

A Guide to Modern Wills: Digital, Electronic, and Online Wills in South Africa

Originally published: 11 February 2022  |  Last updated: 11 January 2026 TL;DR: In South Africa, “online Wills” are drafted digitally but must be printed, signed, and witnessed to be valid. Purely electronic or digital Wills (stored only online) are not yet legally valid. The Wills Act 7 of 1953 requires a physical document with wet […]

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Anonymous

Tim Hewson

11 January 2026

Originally published: 11 February 2022  |  Last updated: 11 January 2026

TL;DR: In South Africa, “online Wills” are drafted digitally but must be printed, signed, and witnessed to be valid. Purely electronic or digital Wills (stored only online) are not yet legally valid. The Wills Act 7 of 1953 requires a physical document with wet ink signatures. Modern online services like LegalWills.co.za combine digital convenience with legal compliance.

Modern Will-making combines digital convenience with the legal requirements of the Wills Act 7 of 1953. While the drafting process has gone digital, the final document must still be a physical, signed, and witnessed document to be legally valid in South Africa.

Modern Wills

What Is the Difference Between Digital, Electronic, and Online Wills?

Term Definition Valid in SA?
Online Will Drafted online, printed, signed, witnessed Yes
Electronic Will Created and stored electronically only No (not yet)
Digital Will General term for technology-assisted Wills Depends on format

Are Electronic Wills Legal in South Africa?

Not yet. The Electronic Communications and Transactions Act 25 of 2002 specifically excludes Wills from electronic signatures. Until the law changes, all Wills must be physically printed and signed.

What Are the Advantages of Online Will Services?

  • Affordable and accessible
  • Guided process—no legal knowledge needed
  • Produces a professionally drafted document
  • Easy to update anytime
  • Includes digital asset management

Frequently Asked Questions

Can I make a Will on my phone?

You can draft a Will on your phone using an online service, but it must be printed, signed, and witnessed.

Will electronic Wills become legal in South Africa?

Possibly in the future, but there is currently no legislation permitting purely electronic Wills.

Tim Hewson

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