South African Legal Formalities for a Valid Will

For the legal validity of an Islamic Will, the following requirements must be adhered to:

• The Will must be in writing. A verbal wish or bequest will not suffice.
• Each page of the Will must be signed by the Testator/Testatrix in the presence of two or more competent witnesses present at the same time, and such witnesses must attest and sign the Will in the presence of the Testator/Testatrix and of each other.
• The witnesses must be over the age of fourteen (14).
• The Executor and beneficiaries to the Testator’s/Testatrix’s estate cannot witness the Will.
• The Will must be dated.
• Any amendments must be signed by the Testator/Testatrix and the witnesses in the presence of each other. The witnesses to an amendment may be different to the ones who witnessed the original signature of the Will.
• Signature of the Testator/Testatrix by way of a thumb print or mark with an “X” is permissible and must be accompanied with a supporting Certificate from a Commissioner of Oaths, Justice of Peace, or Notary Republic.