Death is an uncomfortable thing to think about. However, it is important that you are prepared for the inevitable. One of the most important preparations you will need to make is your will. A will is a legal document that specifies who the heirs of your estate will be once you die. 

Despite the importance of a will not many people are aware that a will can be invalid if it fails to meet specific criteria. That is why we decided to write this article to examine the question of “When is a will invalid in South Africa” to ensure that your last will and testament are valid and your final wishes are fulfilled.

Terminology

Before we can take a look at when a will is invalid in South Africa, there is certain terminology you need to understand. That is why we will provide a simple definition of some of these terms below:

• Testator: A person who has made a will describing what is to be done with his assets after he dies.
• Executor: A person or institution that has been nominated by a testator to carry out the terms of his will.
• Heir: A person who will benefit from the will and receive some of the testator’s estate.
• Witness: A person who is present at the signing of a will, they will also sign the will as a confirmation of their presence.

Now that we have a basic understanding of the terminology used when dealing with a will, we can examine our question of “When is a will invalid in South Africa.” 

When is a will invalid in South Africa?

There are a number of requirements that a will must meet to be considered valid in South Africa. All of these requirements are set forth in the Wills Act 7 of 1953, which was written intending to consolidate and amend the law relating to the execution of wills. Many of these determine when a will is invalid in South Africa, which is why we will explore some of these requirements below:

Requisite formalities

When it comes to the format of a will the Wills Act 7 of 1953 has a few requisite formalities that must be met. These requisite formalities include the following:

• Written will: All wills must be made in writing. It can be written by hand, typed or printed.
• Testator signature: The signature of the testator must appear on every page of the will, and at the end of the will. These signatures must be made in the presence of two or more competent witnesses.
• Witness signatures: The signatures of 2 or more witnesses must also be on each page of the will. These witnesses must sign in each other’s presence and in the presence of the testator. A person must be over the age of 14 to be considered a competent witness.

So, one of the easiest answers to the question of when is a will invalid in South Africa is when these requisite formalities are not adhered to. In these cases, the will is deemed invalid and any wishes expressed in the will are ignored. That is why it is of the utmost importance to ensure your will meets these requirements.

The capacity of the Testator

The next instance where a will is invalid in South Africa deals with the capacity of the testator. There are certain criteria the testator must meet for a will to be valid. These are as follows:

• Age: A testator must be over the age of 16 to be considered competent to make a will, as it is only after the age of 16 that individuals can enter into a legal contract in South Africa.
• Animus Testandi: A testator must have animus testandi (intention to make a will). He must be of sound mind and consciously make the decision to create his will. This is usually determined by legal professionals in cases where it is necessary.

Should the capacity of the testator not meet these requirements, the will will be considered invalid.

Fraud

The final instance where a will would be invalid is broadly speaking in cases of fraud. This refers to instances where the will is executed, or a provision is added as a result of fraud, undue influence or coercion. This would invalidate the will as it could be against the wishes of the testator. It is worth noting that in these cases the burden of proof falls to the party challenging the will.

Conclusion

As we have seen there are many answers to the question of “when is a will invalid in South Africa.” Should a will not meet any of these requirements it can be challenged or contested, which, if successful, would negate the will entirely. It is therefore important to ensure that your will is done correctly which is why it can be useful to hire professionals like those at Crest Trust. As they have the skills and knowledge required to make sure that your final wishes are executed precisely as you wanted.