Characteristics of a Valid Will

So exactly what does a will need to include? Given the massive move to digitisation across most industries, from a legal perspective, can an emailed instruction suffice as a will? Here Thomson suggests the basic pointers:

• Email, hard copy document or WhatsApp voice note? Your will must be printed out or handwritten and signed by yourself, together with two witnesses on the day. There was a court case recently where an attorney signed a will on a client’s behalf without complying with the required formalities and amazingly the court ruled in favour of the will being valid. But that goes against the grain. The main reason it was allowed is because they found the will typed up on the client’s computer, and were able to prove it was his intention that the document represented his last will and testament.
• E-signatures (or digital signatures) are a modern development and generally accepted for normal contracts, but do not comply with the law of wills. You could, however, approach the high court to get an order condoning non-compliance if you can prove the intention of the deceased was for the will to be valid and that he or she drafted or created the document. But an electronic will is generally technically invalid. Going to court could cost anything from R20 000 to R50 000 in legal fees and the application may be opposed by potential intestate heirs who are excluded from the will. However, our courts have shown over the years a willingness to be flexible where justice is served.
• You’re not required to include the date on a will but it is highly recommended. By law, you are required to deliver all wills a person has ever drafted to the Master of the High Court when he or she dies. So if there are no dates, how do you know which is the most recent one?