When Is a Will Invalid in South Africa?

A will is one of the most important legal documents a person can sign. Informal shortcuts can later create serious disputes.

What happened?

During the COVID period, a Mpumalanga couple prepared a joint will after the husband became seriously ill. The wife signed first and claimed that her broker witnessed it, although he denied doing so.

The document was then taken to the hospital for the husband to sign. He was gravely ill and signed it without reading it. The broker signed as witness, and the broker’s wife later added her signature although she had not witnessed the signing.

The dispute

After the husband died, his daughter from a previous marriage challenged the will. The challenge focused on whether the will had been properly executed and whether the required formalities had been followed.

Practical point

A will should be signed and witnessed properly, even in urgent circumstances. Defects in execution can create uncertainty, delay and family disputes after death.