South Africa
Wills Act, 1953
Act 7 of 1953
- Published in Government Gazette 5018 on 4 March 1953
- Assented to on 25 February 1953
- Commenced on 1 January 1954
- Note: See section 9
- [This is the version of this document as it was from 24 June 1964 to 3 December 1970.]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 1 January 1954]
- [Amended by Wills Amendment Act, 1958 (Act 48 of 1958) on 3 October 1958]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 24 June 1964]
1. Definitions
In this Act, unless the context otherwise indicates—"competent witness" means a person of the age of fourteen years or over who at the time he witnesses a will is not incompetent to give evidence in a court of law; (i)"Court" means a provincial or local division of the Supreme Court of South Africa or the High Court of South-West Africa or any judge thereof; (ii)"Master" means a Master of the Supreme Court of South Africa, the Assistant Master at Kimberley or the Master of the High Court of South-West Africa; (iii)"sign" includes in the case of a testator the making of a mark but does not include the making of a mark in the case of a witness, and "signature" has a corresponding meaning; (iv)"will" includes a codicil and any other testamentary writing. (v)2. Formalities required in the execution of a will
3. Soldiers' wills
4. Competency to make a will
Every person of the age of sixteen years or more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his act, and the burden of proof that he was mentally incapable at that time shall rest on the person alleging the same.5. Witnesses cannot benefit under a will
A person who attests the execution of any will or who signs a will in the presence and by direction of the testator or the person who is the spouse of such person at the time of attestation or signing of the will or any person claiming under such person or his spouse, shall be incapable of taking any benefit whatsoever under that will.6. Witness cannot be nominated as executor, etc.
If any person attests the execution of a will or signs a will in the presence and by direction of the testator under which that person or his spouse is nominated as executor, administrator, trustee or guardian, such nomination shall be null and void.7. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set forth in the fourth column of the Schedule: Provided that the laws so repealed shall continue to apply in respect of any will executed before the first day of January, 1954.8. Application of Act to South-West Africa
This Act and any amendment thereof which may be made from time to time shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section three of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951).[section 8 substituted by section 21(1) of Act 80 of 1964]9. Short title and date of commencement
This Act shall be called the Wills Act, 1953, and shall come operation on the first day of January, 1954.History of this document
04 October 1996 amendment not yet applied
Amended by
General Law Amendment Act, 1996
01 October 1992 amendment not yet applied
Amended by
Law of Succession Amendment Act, 1992
04 December 1970 amendment not yet applied
Amended by
Wills Amendment Act, 1965
24 June 1964 this version
Amended by
General Law Amendment Act, 1964
03 October 1958
Amended by
Wills Amendment Act, 1958
Read this version
01 January 1954
04 March 1953
25 February 1953
Assented to
Cited documents 0
Documents citing this one 72
Gazette 20
- Free State Provincial Gazette dated 2000-01-07 number 1
- Gauteng Provincial Gazette dated 1995-01-25 number 5
- South Africa Government Gazette Legal Notices A dated 1993-12-17 number 15327
- South Africa Government Gazette Legal Notices A dated 2014-06-27 number 37762
- South Africa Government Gazette Legal Notices A dated 2016-03-11 number 39803 part 1
- South Africa Government Gazette Legal Notices A dated 2019-07-05 number 42563 part 1
- South Africa Government Gazette Legal Notices A dated 2020-02-07 number 43001 part 1
- South Africa Government Gazette Regulation Gazette dated 1963-09-27 number 615
- South Africa Government Gazette Regulation Gazette dated 1965-03-26 number 1068
- South Africa Government Gazette dated 1964-06-24 number 829
- South Africa Government Gazette dated 1965-04-14 number 1084
- South Africa Government Gazette dated 1992-04-15 number 13920
- South Africa Government Gazette dated 2002-03-01 number 23195
- South Africa Government Gazette dated 2002-08-02 number 23708
- South Africa Government Gazette dated 2003-03-03 number 24665
- South Africa Government Gazette dated 2009-04-21 number 32147
- South Africa Government Gazette dated 2020-04-03 number 43192 part 1
- South Africa Government Gazette dated 2020-12-11 number 43981 part 1
- South Africa Government Gazette dated 2021-05-04 number 44529
- South Africa Government Gazette dated 2021-05-11 number 44557
Judgment 50
- Bennett v Master of the Supreme Court (266/1994) [1995] ZASCA 100 (18 September 1995)
- Blom and Another v Brown and Others (345/2010) [2011] ZASCA 54 (31 March 2011)
- De Reszke v Czeslaw Maras and Others (76/2005) [2005] ZASCA 137 (30 November 2005)
- Dlamini N.O and Others v Dlamini and Others; In Re: Nchupetsang N.O and Others v Dlamini and Others (22496/20) [2021] ZAGPJHC 417 (5 November 2021)
- Dube v Ndlovu and Others (13909/20) [2022] ZAGPJHC 42 (25 January 2022)
- Erasmus and Others v Master of the High Court Bloemfontein and Others (3255/2022) [2023] ZAFSHC 104 (26 April 2023)
- Frantrade Nineteen (Pty) Ltd and Others v Realty Corporation of South Africa Limited and Others (20400/18) [2019] ZAGPJHC 75 (22 February 2019)
- Geza and Others v Standard Trust Ltd and Others (3534/2021) [2023] ZAECPEHC 16 (14 March 2023)
- Grobler v Master of the High Court & others (645/2018) [2019] ZASCA 119 (23 September 2019)
- Gruhn and Others v Singh NO and Others (8884/16) [2021] ZAWCHC 6 (30 November 2021)
- Harpur NO v Govindamall and Another (730/1991) [1993] ZASCA 110 (6 September 1993)
- Harvey NO and Others v Crawford NO and Others (1016 of 2017) [2018] ZASCA 147 (17 October 2018)
- Henriques v Giles NO and Another; Henriques v Giles NO and Others (213/2008) [2009] ZASCA 64 (29 May 2009)
- Hohl N.O. and Others v Dalcos and Others (38224/20) [2022] ZAGPJHC 49 (11 February 2022)
- Kohlberg v Burnett and Others (422/84) [1986] ZASCA 32 (26 March 1986)
- Koyingana and Another v Koyingana and Others (842/2021) [2022] ZANCHC 29 (14 June 2022)
- Lange and Another v Henegan and Others (45732/18) [2023] ZAGPJHC 1557 (15 November 2023)
- Levin and Another v Levin and Others (644/2009) [2011] ZASCA 114 (3 June 2011)
- Louw NO v Louw and Others (18214/2019) [2023] ZAWCHC 149 (22 September 2023)
- Mitchell NO v Wren and Others (153/2015) [2016] ZASCA 50 (1 April 2016)
- Moeketsi and Another v Johanna Catharina Sophia Hageman NO and Others (3767/18) [2022] ZAGPJHC 670 (20 September 2022)
- Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae) [2018] ZACC 19 (29 June 2018)
- Moshabane v Mtshagi and Others [2024] ZAECPEHC 2 (25 January 2024)
- Ngakaemang and Another v Master of High Court and Others (1620/2019) [2023] ZANCHC 98 (1 December 2023)
- Obst v Machabe NO and Another (47605/2021) [2023] ZAGPJHC 1425 (27 November 2023)
- Pillay and Another v Ganga N.O. and Another (5444/2019P) [2023] ZAKZPHC 22 (3 March 2023)
- Poolo and Others v Sithole N.O. and Others (29850/2021) [2023] ZAGPPHC 685 (9 June 2023)
- Qhali Martins Monyane NO and Others v Rikhotso and Another (9629 of 2020) [2022] ZAGPJHC 652 (16 September 2022)
- Raubenheimer v Raubenheimer and Others (560/2011) [2012] ZASCA 97 (1 June 2012)
- Samuels and Others v Juries and Others (2508/2022) [2023] ZAWCHC 107 (28 July 2023)
- Smith v Parsons NO and Others (187/2009) [2010] ZASCA 39 (30 March 2010)
- Solomon v Solomon and Another (17909/2022) [2023] ZAWCHC 101 (20 July 2023)
- Sono and Another v Master of The High Court Johannesburg and Others (2021/46542) [2023] ZAGPJHC 807 (23 June 2023)
- Thobejane v Master of the High Court - Pretoria Gauteng Division and Others (960/2022) [2023] ZAGPPHC 1213 (27 October 2023)
- Tilayi and Another v Master of the High Court and Others (3588/2021) [2023] ZAECMHC 28 (10 May 2023)
- Trustees for time being of East London Hebrew Congregation v Galperin and Others (EL 748/2021) [2022] ZAECELLC 1 (13 May 2022)
- Van Den Heever N.N.O. and Another v Poulos N.O. and Others (43528/2015) [2023] ZAGPJHC 344 (18 April 2023)
- Van Heerden v Bronkhorst (846/2019) [2020] ZASCA 147 (13 November 2020)
- Van Loggenberg N.O. v Jones and Others (2022/19225) [2023] ZAGPJHC 249 (3 April 2023)
- Van Loggerenberg and Another v Prigge and Others (91711/16) [2017] ZAGPPHC 80 (6 December 2017)
- Van Niekerk v Kruger and Others (20632/2014) [2016] ZASCA 55 (1 April 2016)
- Van Wetten and Another v Bosch and Others (402/2002) [2003] ZASCA 85 (19 September 2003)
- Van Zyl v Master of the High Court, Cape Town and Others (17695/21) [2023] ZAWCHC 98 (28 February 2023)
- Van der Merwe v Master of the High Court and another (605/2009) [2010] ZASCA 99 (6 September 2010)
- Vlok NO and Another v Botha and Others (30836/16) [2017] ZAGPPHC 60 (14 December 2017)
- Wade v Master of the High Court of South Africa N.O. and Others (2022-060221) [2023] ZAGPJHC 1149 (11 October 2023)
- Wallage v William-Ashman NO and Others (823/2022) [2023] ZASCA 44 (31 March 2023)
- Wilkinson and Another v Crawford NO and Others [2021] ZACC 8 (16 April 2021)
- Wren and Another v Master of the Eastern Cape High Court, Port Elizabeth and Another (3727/2012) [2014] ZAECPEHC 98 (11 December 2014)
- Zulu v Mathe and Others; Zulu and Another v Mathe and Others; Zulu v Zulu and Others (P 10879/2021; P 2751/2021; P 2752/2021) [2022] ZAKZPHC 17 (2 March 2022)