This is the version of this Act as it was from 4 December 1970 to 30 September 1992. Read the latest available version.
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 4 December 1970 to 30 September 1992.]
- [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]
- [Amended by Wills Amendment Act, 1965 (Act 41 of 1965) on 4 December 1970]
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;"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;"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;"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;"will" includes a codicil and any other testamentary writing.2. Formalities required in the execution of a will
3. Soldiers' wills
3bis. Validity of certain wills executed in accordance with the law of certain other states
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
Amended by
General Law Amendment Act, 1996
Read this version
01 October 1992
04 December 1970 this version
Amended by
Wills Amendment Act, 1965
24 June 1964
Amended by
General Law Amendment Act, 1964
Read this version
03 October 1958
Amended by
Wills Amendment Act, 1958
Read this version
01 January 1954
04 March 1953
25 February 1953
Assented to
Documents citing this one 82
Judgment 59
Gazette 21
Act 1
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