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SUCC]~SSION

WILLS ACT 7 OF 1953
[ASSENTED TO 25 FEBRUARY 1953] [DATE OF COMMENCEMENT: 1 JANUARY 1954]

(English text signed by the Governor-General)

as amended by
Wills Amendment Act 48 of 1958 General Law Amendment Act 80 of 1964 Wills Amendment Act 41 of 1965 Law of Succession Amendment Act 43 of 1992 General Law Amendment Act 49 of 1996 ACT

To consolidate and amend the law relating to the execution of wills. Cases

1

Definitions

In this Act, unless the context otherwise indicates'amendment' means a deletion, addition, alteration or interlineation; [Definition of 'amendment' inserted by s. 2 (a) of Act 43 of 1992.]

'competent witness' means a person of the age of fourteen years or over who at the time he witnesses a will is not incompetent to give evidence in a court of law; 'Court' means a provincial or local division of the Supreme Court of South Africa or any judge thereof; [Definition of 'Court' amended by s. 1 of Act 49 of 1996.]

'deletion' means a deletion, cancellation or obliteration in whatever manner effected, excluding a deletion, cancellation or obliteration that contemplates the revocation of the entire will; [Definition of 'deletion' inserted by s. 2 (b) of Act 43 of 1992.]

'internal law' means the law of a state or territory, excluding the rules of the international private law of that state or territory; [Definition of 'internal law' inserted by s. 2 (c) of Act 43 of 1992.]

'Master' means a Master, Deputy Master or Assistant Master of the Supreme Court appointed under section 2 of the Administration of Estates Act, 1965 (Act 66 of 1965); Copyright Juta & Company Limited

[Definition of 'Master' substituted by s. 2 (d) of Act 43 of 1992.] 'sign' includes the making of initials and, only in the case of a testator, the making of a mark, and 'signature' has a corresponding meaning; [Defmition of 'sign' substituted by s. 2 (e) of Act 43 of 1992.]

'will' includes a codicil and any other testamentary writing. 2 Formalities required in the execution of a
Cases

wil)

(1) Subject to the provisions of section 3bis(a)

no will executed on or after the first day of January, 1954, shall be valid unless(i) (ii) the will is signed at the end thereof by the testator or by some other person in his presence and by his direction; and such signature is made by the testator or by such other person or is acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time; and such witnesses attest and sign the will in the presence of the testator and of each other and, if the will is signed by such other person, in the presence also of such other person; and if the will consists of more than one page, each page other than the page on which it ends, is also so signed by the testator or by such other person anywhere on the page; and

(iii)

(iv)

[Sub-para. (iv) amended by s. 20 (a) of Act 80 of 1964 and substituted by s. 3 (b) of Act 43 of 1992.] (v) if the will is signed by the testator by the making of a mark or by some other person in the presence and by the direction of the testator, a commissioner of oaths certifies that he has satisfied himself as to the identity of the testator and that the will so signed is the will of the testator, and each page of the will, excluding the page on which his certificate appears, is also signed, anywhere on the page, by the commissioner of oaths who so certifies: Provided that(aa) the will is signed in the presence of the commissioner of oaths in

terms of subparagraphs (i), (iii) and (iv) and the certificate concerned is made as soon as possible after the will has been so Copyright Juta & Company Limited

signed; and
(bb) if the testator dies after the will has been signed in terms of

subparagraphs (i), (iii) and (iv) but before the commissioner of oaths has made the certificate concerned, the commissioner of oaths shall as soon as...
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