The Wills Act, 7 of 1953 requires the following for the proper execution of a valid will:
Sec 2(1)(a) of the Act provides the following:
Sec 4A of the Act provides:
Important points to take note of:
Execution of a valid will under the lockdown circumstances:
In circumstances where none of the above is an option and there is no other way to validly execute the will, the common sense approach would probably be for the testator to date and sign the will properly and draft and sign a memorandum or letter as well making it clear why the will was not signed by witnesses but stating that the will is intended to be the testator’s last will and testament. If possible the will can also be scanned after signature and emailed to your Attorney and / or Fiduciary Practitioner. This course of action will make an application under sec 2(3) of the Act to have the court order the Master to accept the will as valid much more likely to succeed.