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Will Validity Checker

Walks the formalities in section 2(1)(a) of the Wills Act 7 of 1953 one at a time and tells you exactly which requirement a document fails. A will that fails is not necessarily finished, and the last section on this page explains why.

This checks the formalities that appear on the face of the document. It cannot tell you whether the testator was unduly influenced, whether a later will exists, or whether the document in front of you is the original. If the answer matters financially, have an attorney look at the actual document.

1. Is the will in writing?

Section 2(1)(a)

2. Was the person making the will at least 16 years old when they signed it?

Section 4

3. At the moment of signing, were they mentally capable of appreciating the nature and effect of what they were doing?

Section 4

4. Did the testator sign at the END of the will (or did someone else sign there, in the testator's presence and at their direction)?

Section 2(1)(a)(i)

5. Did the testator sign (or acknowledge their signature) in the presence of TWO OR MORE competent witnesses, both present at the same time?

Section 2(1)(a)(ii)

6. Were both witnesses at least 14 years old and competent to give evidence in court?

Section 1, definition of competent witness

7. Did both witnesses then sign the will in the presence of the testator AND in the presence of each other?

Section 2(1)(a)(iii)

8. If the will runs to more than one page, is every page other than the last one also signed by the testator (anywhere on that page)?

Section 2(1)(a)(iv)

9. If the testator signed by making a MARK, or someone else signed on their behalf: did a commissioner of oaths certify the will, and sign every page except the one carrying the certificate?

Section 2(1)(a)(v)

10. Did any beneficiary under the will, or the spouse of a beneficiary, sign as one of the witnesses?

Section 4A

Result

Answer the questions above and the result will appear here.

A defective will is not automatically dead: section 2(3)

If a document does not comply with the formalities, a court may order the Master to accept it as a will anyway, where the court is satisfied that the deceased intended the document to be their will. This is the section 2(3) condonation power and it has rescued a great many defective wills.

It is a High Court application, so it costs money and takes time, and it is not a formality. But if a will fails on a single technical point and everyone agrees it reflects what the deceased wanted, it is usually the right route. Take advice before writing the document off and treating the estate as intestate.

Practical points on handling the document

Do not unstaple, restaple, unpin, write on, or remove anything from the original will. Any physical alteration is something the Master will make you explain on affidavit.
The Master needs the ORIGINAL, not a copy. If the original cannot be found and the deceased kept it, the law starts from the presumption that they destroyed it intending to revoke it. Rebutting that takes a court application.
Handwritten changes on the face of a will are not automatically effective. An amendment has its own formalities under section 2(1)(b).
A will can be valid and still not cover everything. Where it disposes of some assets but has no residuary clause, the rest passes under the Intestate Succession Act, and the estate is part testate and part intestate.

Frequently asked questions

How many witnesses does a will need in South Africa?

Two or more competent witnesses, and they must be present at the same time when the testator signs or acknowledges their signature. They must then each sign in the presence of the testator and of each other.

How old must a witness be?

At least 14 years old, and competent to give evidence in a court of law. The testator must be at least 16.

Does every page have to be signed?

Yes. Each page other than the page on which the will ends must also be signed by the testator, anywhere on that page. An unsigned middle page is one of the most common defects.

Can a beneficiary be a witness?

They can sign as a witness, and the will stays valid, but section 4A then disqualifies them from taking any benefit under it, and the same applies to their spouse. There are exceptions, including a court declaration and the case where the person would have inherited that much intestate anyway. Never have a beneficiary witness a will.

Is a handwritten will valid in South Africa?

It can be. There is no requirement that a will be typed or drawn by an attorney. It must be in writing and meet the same section 2(1)(a) formalities as any other will, and the witness requirement is what most handwritten wills fail.

The will is missing a signature on one page. Is it worthless?

Not necessarily. Under section 2(3) a court can order the Master to accept a non-compliant document as a will where it is satisfied the deceased intended it to be their will. It takes a High Court application, but it is a real remedy and it is used regularly.

Is a video will valid?

No. A will must be in writing. A recording is not a will, and section 2(3) does not save it, because that section is about a document drafted or executed by the deceased.

Where these figures come from

Dying with a will

Freedom of testation, heirs versus legatees, and what happens when a bequest fails.

Dying without a will

What happens if the will does not survive: the Intestate Succession Act formula.

Contesting a will

Formalities, capacity and undue influence are three different attacks.

Who Inherits What Calculator

Run the intestate split if the will fails.

This page is general information about South African law, not legal, tax or financial advice, and it does not create any professional relationship. Every estate is different and the outcome can turn on facts not covered here. Figures verified 15 August 2026 against the Administration of Estates Act 66 of 1965, the Estate Duty Act 45 of 1955, the Intestate Succession Act 81 of 1987, the Wills Act 7 of 1953, the Master of the High Court and SARS. Rates and thresholds change. Before you act on anything here, confirm it with the Master's office handling the estate or with an attorney.