Every few months, the internet loses its mind over headlines announcing that an “electronic will has been declared valid by the High Court.” Cue panic, excitement, and at least one person thinking their Notes app is now a legally recognised estate-planning tool.
Let’s calm down.
Electronic wills are not suddenly legal in South Africa. They are not valid “by default”. And relying on one is a very efficient way to turn your family’s grieving period into a costly, emotionally draining court application.
Until Parliament says otherwise, pen and paper are still king.
So what actually counts as a valid will?
Simple answer:
A will must be written, properly signed, and must tick every box in the Wills Act. Miss a box, and the Master of the High Court will politely decline to accept it.
If your will doesn’t comply, your loved ones don’t get closure. They get lawyers, affidavits, court dates, and legal fees.
The formalities people love to ignore (but courts do not)
A valid will must:
• Be signed at the end of the document
• Be signed in the presence of two witnesses
• Have witnesses who are at least 14 years old and mentally competent
• Be signed on every page by the testator
• Not involve beneficiaries as witnesses or drafters (unless you want to disinherit them by accident)
Yes, it’s tedious. Yes, it feels old-school. No, you can’t skip it because it’s 2026.
“But aren’t electronic signatures legally valid?”
Excellent question.
And here’s where things get awkward.
South Africa’s Electronic Communications and Transactions Act (ECTA) generally loves electronic documents and digital signatures. Big fan. Huge supporter.
Except when it comes to wills.
ECTA explicitly says it does not validate the execution, storage, or presentation of a will or codicil. Translation:
You can sign a multimillion-rand commercial contract electronically, but not your will.
Your estate still needs ink. Real ink. On real paper.
What happens if your will doesn’t comply?
All is not automatically lost, but your heirs have homework.
The Wills Act allows courts to rescue a defective will if the family can prove:
• The document was drafted or executed by the deceased
• The deceased has, in fact, passed away (yes, this must be proven)
• The deceased intended that document to be their final will
This is not a quick email to the Master. It’s a High Court application, with sworn evidence, legal argument, and no guarantee of success.
The case that caused the internet chaos
The now-famous case involved two wills:
• A 2014 will (old-school, compliant, neat)
• A 2021 will (electronically signed, technically defective, legally messy)
The deceased, a highly respected Constitutional Court Justice, had changed how her Magersfontein property would be inherited. In the earlier will, it went to her life partner. In the later one, it went to her children.
Unsurprisingly, litigation followed.
The 2021 will had two major problems:
- All signatures were electronic
- The deceased signed in the wrong place
On paper, that should have been game over.
But, and this is crucial, everyone agreed that:
• The deceased gave clear instructions
• The witnesses followed those instructions
• The document reflected her true wishes
On that evidence alone, the Court stepped in and ordered the Master to accept the will.
Important takeaway:
The will wasn’t valid because it was electronic, it was accepted despite being electronic.
The golden rule (tattoo this somewhere tasteful)
Electronic wills are not automatically valid.
Electronic signatures do not comply with the Wills Act.
Courts will only intervene when there is overwhelming proof of intention, and even then, at a cost.
If you want to spare your family stress, delays, and legal bills:
Write it.
Sign it.
Witness it.
Properly.
Final word
Your estate plan should not depend on a judge’s sympathy, a WhatsApp thread, or your iPad battery.
If you want certainty and peace of mind, get a properly drafted, fully compliant will.
We’re here to help. And yes, we still believe in pens
