The importance of signing your Will correctly

In practice, we often come across the case where a client’s Last Will and Testament (“Will”) was not properly signed. For a Will or amendment thereof to be valid, it must comply with the provisions of the Wills Act 7 of 1953.

In most of these cases, the Will was either signed in the presence of only one witness instead of two witnesses or the Will was not signed by the Testator on each page, where the Will consisted of more than one page.

According to Section (2) (1) (a) (iv) of the Wills Act 7 of 1953:

Where a Will consists of more than one page, each page of the Will must be signed anywhere on each page by the Testator in the presence of two or more competent witnesses, who are both present at the same time, except on the last page of the Will, where the Testator must sign at the space allocated at the end of the Will.
Witnesses on the other hand, who are both present, at the same time with the Testator, are only required to sign anywhere on the last page of the Will.

Upon the death of a client, his/her estate is reported to the Master of the High Court which would include the lodging of his/her Will with the Masters Office for acceptance. If the Will was not signed properly, the Master will reject the Will and will request that the administration of client’s estate proceeds in accordance with the laws of intestacy i.e. upon the client’s closest blood relations.

Should an heir or interested party wish to have an invalid Will declared valid, he or she would need to make application to the High Court in terms of Section 2(3) of the Wills Act, for the desired relief in the form of an order directing the Master of the High Court to accept the document as the client’s Last Will and Testament.

Not only is the above court process extremely expensive but it can also become a rather protracted affair, especially if the matter becomes opposed by the intestate heirs who now stand to benefit due to the Will not having been signed properly. Furthermore, during this time the administration of the client’s estate will have to be placed on hold pending the Court’s decision which could be extremely prejudicial, both emotionally and financially, to the interests of the client’s intended beneficiaries.

The signing of a Will is no small measure, and it is very important to seek the correct legal advice to ensure that your Will is signed correctly to avoid the above unintended and all too often dire consequences.

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