Accurate
Country-specific legal content
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
LegalZA
Last Will and Testament Template – South Africa
A last will and testament allows you to specify how your assets should be distributed after your death and who should administer your estate. Our free South African will template complies with the formal requirements of the Wills Act 7 of 1953 and the Administration of Estates Act 66 of 1965.
Free to useInstant PDFNo account required
PDF (free) + editable Word (.docx) with Expert
LAST WILL AND TESTAMENT
Republic Of South Africa · Wills Act 7 Of 1953
TESTATOR
| FULL NAME | Sipho Mandla Nkosi |
| SA ID NO | 9204015800080 |
| ADDRESS | 14 Protea Avenue, Pretoria, Gauteng 0181 |
| MARITAL STATUS | Married — In Community of Property |
| SPOUSE / PARTNER | Zanele Faith Nkosi |
EXECUTOR
| NAME | Priya Pillay |
| ID / REG NO | 8501155800084 |
| ADDRESS | 3rd Floor, Standard Bank Building, Church Square, Pretoria 0002 |
| REMUNERATION | Statutory tariff (3.5% + VAT) |
| ALTERNATIVE EXECUTOR | Thabo Dlamini |
GUARDIAN OF MINOR CHILDREN
| NAME | Priya Pillay |
| SA ID NO | 8501155800084 |
| ADDRESS | 55 Oak Street, Sandton, Gauteng 2196 |
WITNESSES
| WITNESS 1 NAME | Thabo Dlamini |
| WITNESS 1 SA ID | 8710205800086 |
| WITNESS 1 ADDRESS | 8 Jacaranda Street, Centurion, Gauteng 0157 |
| WITNESS 2 NAME | Nomsa Zulu |
| WITNESS 2 SA ID | 9012065800087 |
| WITNESS 2 ADDRESS | 22 Bougainvillea Road, Hatfield, Pretoria 0028 |
EXECUTION
| PLACE OF SIGNING | Pretoria, Gauteng |
| DATE OF SIGNING | 25 April 2026 |
I, Sipho Mandla Nkosi, Identity Number 9204015800080, residing at 14 Protea Avenue, Pretoria, Gauteng 0181, being of sound mind and disposing memory and not acting under any constraint or undue influence, do hereby make, publish and declare this to be my Last Will and Testament, made in compliance with the Wills Act 7 of 1953, the Administration of Estates Act 66 of 1965, the Estate Duty Act 45 of 1955, the Intestate Succession Act 81 of 1987, the Trust Property Control Act 57 of 1988 and the Children's Act 38 of 2005 (where applicable).
1. REVOCATION OF PREVIOUS WILLS
I hereby revoke all former wills, codicils and testamentary dispositions made by me prior to the date hereof, and declare this to be my sole and only Last Will and Testament.
I hereby revoke all former wills, codicils and testamentary dispositions made by me prior to the date hereof, and declare this to be my sole and only Last Will and Testament.
2. FUNERAL AND ORGAN DONATION
Funeral wishes: I wish to be cremated and my ashes scattered at Cape Point. My family may hold a memorial service in Pretoria as they see fit..
Organ donation: I expressly consent to the donation of my organs and tissues for transplantation, training, or research, in accordance with the National Health Act 61 of 2003 and its regulations.
Funeral wishes: I wish to be cremated and my ashes scattered at Cape Point. My family may hold a memorial service in Pretoria as they see fit..
Organ donation: I expressly consent to the donation of my organs and tissues for transplantation, training, or research, in accordance with the National Health Act 61 of 2003 and its regulations.
3. PAYMENT OF DEBTS AND ESTATE DUTY
I direct my Executor to pay all my just and lawful debts, funeral expenses, costs of administration of my estate, and any applicable estate duty under the Estate Duty Act 45 of 1955, as soon as reasonably practicable after my death from my estate assets, in accordance with the Administration of Estates Act 66 of 1965. My Executor is directed to apply the primary abatement under section 4A of the Estate Duty Act 45 of 1955, the deduction for bequests to a surviving spouse under section 4(q), and (where applicable) to invoke the spousal rollover under section 4A(2), to minimise the dutiable estate to the maximum extent permitted by law.
I direct my Executor to pay all my just and lawful debts, funeral expenses, costs of administration of my estate, and any applicable estate duty under the Estate Duty Act 45 of 1955, as soon as reasonably practicable after my death from my estate assets, in accordance with the Administration of Estates Act 66 of 1965. My Executor is directed to apply the primary abatement under section 4A of the Estate Duty Act 45 of 1955, the deduction for bequests to a surviving spouse under section 4(q), and (where applicable) to invoke the spousal rollover under section 4A(2), to minimise the dutiable estate to the maximum extent permitted by law.
4. SPECIFIC BEQUESTS
My residential property at 14 Protea Avenue, Pretoria to my wife Zanele Nkosi; my 2022 Toyota Corolla (registration GP 123 GP) to my son Ayanda Nkosi.
My residential property at 14 Protea Avenue, Pretoria to my wife Zanele Nkosi; my 2022 Toyota Corolla (registration GP 123 GP) to my son Ayanda Nkosi.
5. CHARITABLE BEQUEST
I bequeath 100 000 to the Nelson Mandela Foundation to a South African Public Benefit Organisation (PBO) registered under section 30 of the Income Tax Act 58 of 1962 nominated by my Executor. This bequest is deductible from my dutiable estate under the Estate Duty Act 45 of 1955.
I bequeath 100 000 to the Nelson Mandela Foundation to a South African Public Benefit Organisation (PBO) registered under section 30 of the Income Tax Act 58 of 1962 nominated by my Executor. This bequest is deductible from my dutiable estate under the Estate Duty Act 45 of 1955.
6. RESIDUARY ESTATE
Subject to the payment of my debts, estate duty and specific bequests above, I bequeath the entire residue of my estate, both movable and immovable, wherever situated, to My wife Zanele Nkosi and my children Ayanda Nkosi (SA ID 1701015009082) and Lethiwe Nkosi (SA ID 1903215009084), in equal shares., on the following basis: Equal shares to each. If any beneficiary predeceases me, their share shall pass to that beneficiary's descendants per stirpes (by representation), failing which to the surviving beneficiaries in proportion to their shares. Any portion of the residue otherwise devolving on a minor beneficiary (or a beneficiary under the trust vesting age) shall be held in the Testamentary Trust constituted below.
Subject to the payment of my debts, estate duty and specific bequests above, I bequeath the entire residue of my estate, both movable and immovable, wherever situated, to My wife Zanele Nkosi and my children Ayanda Nkosi (SA ID 1701015009082) and Lethiwe Nkosi (SA ID 1903215009084), in equal shares., on the following basis: Equal shares to each. If any beneficiary predeceases me, their share shall pass to that beneficiary's descendants per stirpes (by representation), failing which to the surviving beneficiaries in proportion to their shares. Any portion of the residue otherwise devolving on a minor beneficiary (or a beneficiary under the trust vesting age) shall be held in the Testamentary Trust constituted below.
7. APPOINTMENT OF GUARDIAN
I nominate and appoint Priya Pillay, Identity Number 8501155800084, of 55 Oak Street, Sandton, Gauteng 2196, to be the guardian of all minor children who survive me. If the said guardian is unable or unwilling to act, I trust the High Court to appoint a suitable guardian in the best interests of my minor children, as contemplated by the Children's Act 38 of 2005.
I nominate and appoint Priya Pillay, Identity Number 8501155800084, of 55 Oak Street, Sandton, Gauteng 2196, to be the guardian of all minor children who survive me. If the said guardian is unable or unwilling to act, I trust the High Court to appoint a suitable guardian in the best interests of my minor children, as contemplated by the Children's Act 38 of 2005.
8. APPOINTMENT OF EXECUTOR
I nominate and appoint Priya Pillay, Identity Number / Registration Number 8501155800084, of 3rd Floor, Standard Bank Building, Church Square, Pretoria 0002, as Executor of this Will. My Executor shall act in terms of the Administration of Estates Act 66 of 1965 and shall be entitled to statutory remuneration in accordance with the Administration of Estates Act 66 of 1965 (currently 3.5% of the gross value of the estate plus VAT). I direct that no security shall be required of my Executor. Should the said Executor be unwilling or unable to act, I nominate Thabo Dlamini as alternative Executor.
I nominate and appoint Priya Pillay, Identity Number / Registration Number 8501155800084, of 3rd Floor, Standard Bank Building, Church Square, Pretoria 0002, as Executor of this Will. My Executor shall act in terms of the Administration of Estates Act 66 of 1965 and shall be entitled to statutory remuneration in accordance with the Administration of Estates Act 66 of 1965 (currently 3.5% of the gross value of the estate plus VAT). I direct that no security shall be required of my Executor. Should the said Executor be unwilling or unable to act, I nominate Thabo Dlamini as alternative Executor.
9. TESTAMENTARY TRUST
If any beneficiary is under the age of 25 years at the date of vesting, that beneficiary's share shall be held in trust by Priya Pillay (the "Trustee") for the benefit of My children Ayanda Nkosi (SA ID 1701015009082) and Lethiwe Nkosi (SA ID 1903215009084) and any future biological or adopted children. (the "Trust Beneficiary/ies") in accordance with the Trust Property Control Act 57 of 1988. Should the said Trustee be unwilling or unable to act, I nominate Thabo Dlamini as alternative Trustee.
The Trustee shall have full discretion to apply the income and capital of the trust fund for the maintenance, education and general welfare of the Trust Beneficiary/ies until the vesting age is reached. The trust shall vest absolutely in the Trust Beneficiary/ies on attainment of the age of 25 years. The Trustee shall maintain proper accounting records and submit annual accounts to the Master of the High Court.
If any beneficiary is under the age of 25 years at the date of vesting, that beneficiary's share shall be held in trust by Priya Pillay (the "Trustee") for the benefit of My children Ayanda Nkosi (SA ID 1701015009082) and Lethiwe Nkosi (SA ID 1903215009084) and any future biological or adopted children. (the "Trust Beneficiary/ies") in accordance with the Trust Property Control Act 57 of 1988. Should the said Trustee be unwilling or unable to act, I nominate Thabo Dlamini as alternative Trustee.
The Trustee shall have full discretion to apply the income and capital of the trust fund for the maintenance, education and general welfare of the Trust Beneficiary/ies until the vesting age is reached. The trust shall vest absolutely in the Trust Beneficiary/ies on attainment of the age of 25 years. The Trustee shall maintain proper accounting records and submit annual accounts to the Master of the High Court.
10. SPOUSAL ROLLOVER ELECTION
To the extent that I bequeath dutiable assets to my spouse Zanele Faith Nkosi, my Executor is directed to apply the section 4(q) deduction for spousal bequests under the Estate Duty Act 45 of 1955, and to invoke the spousal rollover under section 4A(2) to transfer any unused portion of my primary abatement to my spouse's estate for use on the second dying.
To the extent that I bequeath dutiable assets to my spouse Zanele Faith Nkosi, my Executor is directed to apply the section 4(q) deduction for spousal bequests under the Estate Duty Act 45 of 1955, and to invoke the spousal rollover under section 4A(2) to transfer any unused portion of my primary abatement to my spouse's estate for use on the second dying.
11. DIGITAL ASSETS
I authorise my Executor to access, manage, archive, transfer or close all my digital accounts and digital assets, including (without limitation): email accounts, social-media accounts, online banking and investment platforms, cryptocurrency wallets and exchange accounts, domain names, cloud-storage accounts, photographs and creative works, subscription services and online business assets. My Executor may use any password, two-factor token or recovery mechanism provided in the digital-assets schedule maintained separately. The Executor may engage specialist service providers (including crypto-asset-recovery and digital-estate firms) at the reasonable cost of the estate.
I authorise my Executor to access, manage, archive, transfer or close all my digital accounts and digital assets, including (without limitation): email accounts, social-media accounts, online banking and investment platforms, cryptocurrency wallets and exchange accounts, domain names, cloud-storage accounts, photographs and creative works, subscription services and online business assets. My Executor may use any password, two-factor token or recovery mechanism provided in the digital-assets schedule maintained separately. The Executor may engage specialist service providers (including crypto-asset-recovery and digital-estate firms) at the reasonable cost of the estate.
12. NO-CONTEST (IN TERROREM) CLAUSE
If any beneficiary under this Will challenges, contests, opposes or seeks to set aside the validity of this Will or any provision hereof, otherwise than on a ground of forgery, lack of capacity recognised by the Wills Act 7 of 1953, or undue influence (each requiring objective evidence presented to the High Court), that beneficiary shall forfeit any benefit they would have received under this Will. The forfeited share shall pass to the other beneficiaries on a per stirpes basis. This clause shall be enforceable consistent with South African common-law principles, including Aronson v Estate Hart 1950 (1) SA 539 (A).
If any beneficiary under this Will challenges, contests, opposes or seeks to set aside the validity of this Will or any provision hereof, otherwise than on a ground of forgery, lack of capacity recognised by the Wills Act 7 of 1953, or undue influence (each requiring objective evidence presented to the High Court), that beneficiary shall forfeit any benefit they would have received under this Will. The forfeited share shall pass to the other beneficiaries on a per stirpes basis. This clause shall be enforceable consistent with South African common-law principles, including Aronson v Estate Hart 1950 (1) SA 539 (A).
13. GOVERNING LAW
This Will shall be governed by and construed in accordance with the laws of the Republic of South Africa, in particular the Wills Act 7 of 1953, the Administration of Estates Act 66 of 1965, the Estate Duty Act 45 of 1955, the Trust Property Control Act 57 of 1988 and the Intestate Succession Act 81 of 1987. Any disputes regarding the interpretation or validity of this Will shall be referred to the High Court of South Africa having jurisdiction, including its powers of rectification under section 2A of the Wills Act and condonation of formal defects under section 2(3) of the Wills Act.
This Will shall be governed by and construed in accordance with the laws of the Republic of South Africa, in particular the Wills Act 7 of 1953, the Administration of Estates Act 66 of 1965, the Estate Duty Act 45 of 1955, the Trust Property Control Act 57 of 1988 and the Intestate Succession Act 81 of 1987. Any disputes regarding the interpretation or validity of this Will shall be referred to the High Court of South Africa having jurisdiction, including its powers of rectification under section 2A of the Wills Act and condonation of formal defects under section 2(3) of the Wills Act.
IN WITNESS WHEREOF, I sign this Last Will and Testament at Pretoria, Gauteng on 25 April 2026, in the presence of the witnesses named below, who are present at the same time and who have signed this Will in my presence and in the presence of each other, as required by section 2 of the Wills Act 7 of 1953.
TESTATOR
Sipho Mandla Nkosi
Date: ____________________
WITNESS 1
Thabo Dlamini
Date: ____________________
WITNESS 2
Nomsa Zulu
Date: ____________________
NOTARY ACKNOWLEDGMENT
State of ________________________, County of ________________________
On this ______ day of ________________________, 20______, before me personally appeared Sipho Mandla Nkosi, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
On this ______ day of ________________________, 20______, before me personally appeared Sipho Mandla Nkosi, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public Signature
My commission expires: ___________________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Last Will and Testament in South Africa?
A last will and testament is a legal document in which a person (the testator) sets out their wishes regarding the distribution of their assets and the administration of their estate after death. It may also appoint a guardian for minor children, establish testamentary trusts for beneficiaries, nominate an executor to administer the estate, and make specific bequests of property to named beneficiaries. A valid South African will gives the testator control over who inherits their estate and how it is managed after death.
In South Africa, the formal requirements for a valid will are prescribed by the Wills Act 7 of 1953. The will must be in writing; it must be signed at the end by the testator (or by another person in the testator's presence and by their direction if the testator cannot sign); the signature must be made in the presence of two competent witnesses who must each sign the will in the presence of the testator and each other; and every page of the will other than the last must be signed by the testator and witnesses. A beneficiary who witnesses a will may forfeit their bequest unless there are at least two other disinterested witnesses. An attorney admitted to practice in South Africa or a notary public may act as a witness.
The Administration of Estates Act 66 of 1965 governs the administration of deceased estates in South Africa. After death, the will is lodged with the Master of the High Court in whose area of jurisdiction the deceased was ordinarily resident. The Master appoints the executor nominated in the will (or another suitable person if no executor is nominated) and issues Letters of Executorship authorising the executor to administer the estate. The estate devolves in accordance with the will, subject to any legitimate claims of creditors and the rights of a surviving spouse under the Divorce Act 70 of 1979 and the Maintenance of Surviving Spouses Act 27 of 1990. Intestate succession (dying without a valid will) in South Africa is governed by the Intestate Succession Act 81 of 1987.
What's Covered in This Template
Our South African last will and testament template complies with Wills Act 7 of 1953 formalities and covers all key testamentary provisions.
Testator's Personal Details
Full name, identity number, and address of the testator — the person making the will.
Revocation of Previous Wills
Declaration revoking all prior wills and testamentary dispositions to prevent conflicting documents.
Appointment of Executor
Nomination of the executor responsible for administering the estate and applying to the Master of the High Court for Letters of Executorship.
Executor's Powers
Broad or specific powers granted to the executor to wind up the estate efficiently without court approval for each step.
Specific Bequests
Gifts of specific assets — property, jewellery, vehicles, or sentimental items — to named beneficiaries.
Residuary Estate
Disposition of the remainder of the estate after specific bequests and payment of debts.
Guardian for Minor Children
Appointment of a guardian to care for minor children if both parents are deceased.
Testamentary Trust
Optional trust for the benefit of minor or vulnerable beneficiaries, with trustee nomination and terms.
Funeral and Burial Instructions
Optional wishes regarding funeral, burial, cremation, or organ donation — advisory in nature under South African law.
Witness Signature Blocks
Signature and certification blocks for the two competent witnesses required by the Wills Act 7 of 1953.
Page Signature Requirements
Reminder to sign every page as required by the Wills Act to ensure the will's validity.
How to Create a Will in South Africa
Follow these steps to produce a Wills Act-compliant last will and testament in South Africa.
- 1
List Your Assets and Beneficiaries
Make a complete list of your assets in South Africa and abroad, and decide who you wish to inherit each asset or share of your estate.
- 2
Appoint an Executor and Guardian
Choose a trustworthy executor to administer your estate with the Master of the High Court, and a guardian for any minor children.
- 3
Record Your Wishes
Draft specific bequests, the residuary estate disposition, and any testamentary trust provisions for minor beneficiaries.
- 4
Sign Before Two Witnesses
Sign the will in the presence of two competent witnesses (who must not be beneficiaries) and have them sign each page in the presence of each other and of you.
- 5
Store Safely and Register
Store the original will in a safe location and consider lodging a copy with your attorney or registering it with the South African Law Society's Wills Registry.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free PDF
Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Word · .docx
Editable Word (.docx)
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
Requires Expert one-time unlock or any paid Doxuno subscription.
Legal Considerations
South African wills must comply with the strict formalities of the Wills Act 7 of 1953 to be valid.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.
Reviewed for South African law
Wills Act 7 of 1953 Formalities
A will that does not comply with the Wills Act 7 of 1953 formalities may be declared invalid by the Master of the High Court or a South African court. The Section 2(3) condonation procedure allows a court to order the Master to accept a document as a will despite non-compliance with formalities, provided the court is satisfied it was intended to be the will of the deceased. This is an expensive and uncertain process that should be avoided by executing the will with proper formalities from the outset.
Maintenance of Surviving Spouses Act
The Maintenance of Surviving Spouses Act 27 of 1990 entitles a surviving spouse who cannot support themselves from their own means to claim reasonable maintenance from the estate of the deceased spouse during the winding-up process. This statutory claim ranks ahead of other beneficiaries under the will and cannot be excluded by the will itself. South African testators should discuss estate planning with an attorney to structure their affairs appropriately.
Estate Duty and Capital Gains Tax
South African deceased estates are subject to estate duty under the Estate Duty Act 45 of 1955, levied at 20% on the dutiable estate above the primary abatement (currently R3.5 million per estate, with a further abatement for amounts accruing to a surviving spouse). Capital gains tax may also apply to the deemed disposal of assets at date of death. Bequests to a surviving spouse are generally exempt from estate duty under the spousal abatement. A South African estate planning attorney or registered tax practitioner should advise on minimising estate and tax obligations.
Frequently Asked Questions
Create Your South African Will Now
Ensure your wishes are honoured with a Wills Act-compliant last will and testament for South Africa. Download your PDF in minutes.
Free PDF · Editable Word with Expert · No account required