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.
| FULL NAME | Sipho Nkosi |
| SA ID NO | 9204015800080 |
| ADDRESS | 14 Protea Avenue, Pretoria, Gauteng 0181 |
| MARITAL STATUS | Married — In Community of Property |
| SPOUSE / PARTNER | Zanele Nkosi |
| 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 |
| NAME | Priya Pillay |
| SA ID NO | 8501155800084 |
| ADDRESS | 3rd Floor, Standard Bank Building, Pretoria 0002 |
| 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 |
| PLACE OF SIGNING | Pretoria, Gauteng |
| DATE OF SIGNING | 25 April 2026 |
I hereby revoke all former wills, codicils, and testamentary dispositions previously made by me, and declare this to be my sole and only Last Will and Testament.
I direct my Executor to pay all my just and lawful debts, funeral expenses, costs of the administration of my estate, and any applicable estate duty, as soon as reasonably practicable after my death from my estate assets, in accordance with the Administration of Estates Act 66 of 1965.
My residential property at 14 Protea Avenue, Pretoria to Zanele Nkosi; ZAR 50,000 from my Standard Bank savings account to the Nelson Mandela Foundation.
Subject to the payment of my debts and specific bequests (if any), I bequeath the entire residue of my estate, both movable and immovable, wherever situated, to Zanele Nkosi (spouse) and children Ayanda Nkosi and Lethiwe Nkosi in equal shares, on the following basis: Equal shares per stirpes; if a beneficiary predeceases the testator their share passes to their descendants. If any beneficiary predeceases me and leaves no descendants, their share shall be divided equally among the surviving beneficiaries.
I nominate and appoint Priya Pillay, Identity Number 8501155800084, of 3rd Floor, Standard Bank Building, Pretoria 0002, 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 required by the Children's Act 38 of 2005.
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.
Should any beneficiary be a minor at the date of my death, or should the vesting of any bequest occur while a beneficiary is under the age of 25 years, I direct that such share shall be held in trust by Priya Pillay (the "Trustee") for the benefit of Ayanda Nkosi and Lethiwe Nkosi (minor children of the testator) (the "Trust Beneficiary/ies") in accordance with the Trust Property Control Act 57 of 1988.
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 upon attaining the age of 25 years. The Trustee shall maintain proper accounting records and account annually to the Master of the High Court as required by the Trust Property Control 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 and the Administration of Estates Act 66 of 1965. Any disputes regarding the interpretation or validity of this Will shall be referred to the High Court of South Africa having jurisdiction.
On this ______ day of ________________________, 20______, before me personally appeared Sipho 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.
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.
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
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