| (a) |
no will executed on or after the first day of January, 1954, shall be valid unless— |
| (i) |
the will is signed at the end thereof by the testator or by some other person in his presence and by his direction; and |
| (ii) |
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 |
| (iii) |
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 |
| (iv) |
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 |
[Section 2(1)(a)(iv) substituted by section 3(b) of Act No. 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 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 possible thereafter make or complete his certificate, and sign each page of the will, excluding the page on which his certificate appears; |
[Section 2(1)(a)(v) substituted by section 3(c) of Act No. 43 of 1992]
| (b) |
no amendment made in a will executed on or after the said date and made after the execution thereof shall be valid unless— |
| (i) |
the amendment is identified by the signature of the testator or by the signature of some other person made in his presence and by his direction; and |
| (ii) |
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 |
| (iii) |
the amendment is further identified by the signatures of such witnesses made in the presence of the testator and of each other and, if the amendment has been identified by the signature of such other person, in the presence also of such other person; and |
| (iv) |
if the amendment is identified by the mark of the testator or the signature of some other person made in his presence and by his direction, a commissioner of oaths certifies on the will that he has satisfied himself as to the identity of the testator and that the amendment has been made by or at the request of the testator: Provided that— |
| (aa) |
the amendment is identified in the presence of the commissioner of oaths in terms of subparagraphs (i) and (iii) and the certificate concerned is made as soon as possible after the amendment has been so identified; and |
| (bb) |
if the testator dies after the amendment has been identified in terms of subparagraphs (i) and (iii) but before the commissioner of oaths has made the certificate concerned, the commissioner of oaths shall as soon as possible thereafter make or complete his certificate. |
[Section 2(1)(b)(iv) substituted by section 3(e) of Act No. 43 of 1992]
[Section 2(1)(b) substituted by section 3(d) of Act No. 43 of 1992]
[Section 2(1) substituted by section 3(a) of Act No. 43 of 1992]
| (2) |
Any amendment made in a will executed after the said date shall for the purposes of subsection (1) be presumed, unless the contrary is proved, to have been made after the will was executed. |
[Section 2(2) substituted by section 3(f) of Act No. 43 of 1992]
| (3) |
If a court is satisfied that a document or the amendment of a document drafted or executed by a person who has died since the drafting or execution thereof, was intended to be his will or an amendment of his will, the court shall order the Master to accept that document, or that document as amended, for the purposes of the Administration of Estates Act, 1965 (Act No. 66 of 1965), as a will, although it does not comply with all the formalities for the execution or amendment of wills referred to in subsection (1). |
[Section 2(3) inserted by section 3(g) of Act No. 43 of 1992]
| (4) |
The certificate of a commissioner of oaths referred to in subsection (1)(a)(v) or (b)(iv) may be in the form set out in Schedule 1 or 2, as the case may be. |
[Section 2(4) inserted by section 3(g) of Act No. 43 of 1992]
South African Council for Educators Act, 2000
