FNB shares information about valid and invalid wills

A Will is not just a piece of paper; it’s a legal document that shapes how your estate gets handled and how your family is supported after your death.

The legal document must meet strict legal standards because it can be challenged, or worse, deemed invalid. FNB Wills product manager Karen McMurray said that too often we see Wills that clearly express a person’s intentions, but still fall short legally.

“The result is unnecessary delays, disputes and heartache for families already navigating the loss of a loved one. That’s why trusted, integrated advice is so important when drafting this vital document,” said McMurray.

She listed five crucial elements to consider to ensure your Will meets the stipulations of the Wills Act 7 of 1953:
• You must make it voluntarily: You must make your Will freely and without any coercion or undue influence.

“Any suggestion that the testator (the person making the Will) was pressured into doing so, or influenced in what they wrote in it, can invalidate the entire document,” McMurray explained.

• The testator must be of sound mind and at least 16 years old: Only someone who understands what they are doing and the implications of their instructions can create a valid Will. Mental capacity at the time of signing is critical. In SA, you must also be older than 16 to make a Will;

• Printing and physically signing the Will is crucial: Digital Wills are not legally valid in SA. The Will must exist as a hard copy, and the testator and the witnesses must physically sign it;

• Witnessing the Will: According to McMurray, this step often causes the most legal trouble. The testator must sign the Will in the presence of two witnesses older than 14 and who are competent to give evidence in a court of law.

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They must also sign the Will. It is imperative to sign together and at the same time. If there is any doubt that this was the case, a court could reject the Will.

“Even with good intentions, skipping this requirement can result in the Will not being accepted by the master,” said McMurray.

“Witnesses must also be impartial. According to Section 4A of the Act, any person (or their spouse) who stands to benefit from the Will can’t legally act as a witness. If they do, they risk losing their inheritance or part thereof.”

• The intent must be clear: The Will should unambiguously reflect the testator’s wishes.

“Clearly naming beneficiaries and alternate heirs is essential. Avoid complex instructions or trying to plan for every future scenario, rather regularly review and update your Will to adjust for changes in your circumstances or wishes over time,” she added.

She also cautioned against including instructions in your Will to sell specific assets, as it could delay estate administration or see assets sold at less than their value.

“Drawing up a Will isn’t just about expressing your wishes; it’s about making sure they’ll be carried out. It’s one of the most important documents you’ll ever sign, so getting the legal details right is essential. If you aren’t sure about any legal aspect of your Will, it’s always best to consult a fiduciary expert,” McMurray said.

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