Disclaimer

KFLegacy is a self-help document preparation service. It is not a law firm, does not employ a practising attorney to review your specific circumstances, and does not provide legal advice. Using this service does not create an attorney-client relationship.

You must print and sign on paper

South African law does not recognise an electronic signature on a will. The Electronic Communications and Transactions Act 25 of 2002 specifically excludes wills from the types of documents that can be signed electronically. The document you generate here is only a draft until you print it and sign it by hand, in the physical presence of two qualifying witnesses who also sign it by hand at the same time. An unsigned, unwitnessed printout has no legal effect.

Formal requirements (Wills Act 7 of 1953)

• You must be at least 16 years old and of sound mind.
• The will must be signed by you at the end, and you must sign or initial every other page.
• Two competent witnesses, at least 14 years old, must be present with you at the same time and must also sign.
• A witness (or the spouse of a witness) who is also a beneficiary is disqualified from inheriting under section 4A of the Wills Act, even though the will itself remains valid.

When you should rather consult an attorney

This service is designed for straightforward estates. Please consult a practising South African attorney instead of (or in addition to) using this tool if you:

• own a business, farm, or have complex or overseas assets;
• expect a dispute among your heirs, or want to disinherit a spouse or child;
• have a beneficiary with a disability who may need special trust provisions;
• are unsure about the effect of your marriage regime (community of property, accrual, antenuptial contract) on what you're free to bequeath;
• want to set up a complex trust structure beyond a simple minor's trust.

No guarantee

While the templates in this service are drafted with reference to the Wills Act 7 of 1953 and common South African drafting conventions, KFLegacy makes no warranty that the document generated will achieve your intended outcome in every circumstance, and accepts no liability for losses arising from its use. You are responsible for reviewing the generated document carefully before signing it.