The Validity of Electronic Wills in South Africa

electronic wills

In South Africa the Master’s Office (the statutory body dealing with the deceased’s estate) will not accept a Will as valid if it does not comply with the formal requirements as set out in the Wills Act 7 of 1953 (hereafter referred to as “the Act”).

The legal formalities for a Will to be valid are set out in section 1(a) of the Act and the key element to converting a document expressing your wishes into a legal Last Will and Testament. In summary this further entails that the Will be dated and signed by the testator/testatrix and two witnesses, all in the presence of one another.

Non-compliance with the formal requirements would render the Will void or invalid from the outset.  Complying with these formalities will prove the validity of a Will at face value convincingly, and it also proves the testator’s intention that it should be his final testament.  A Will saved on your computer will not be signed by you or witness and will thus be void in terms of the Act.

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