An attorney is frequently approached by a client who contests the validity of a will. Various reasons may justify such a challenge, ranging from formal errors to allegations of foul play.
What are the legal requirements of an E-Will?
The Master of the High Court must accept a Will only if it complies with the legal requirements outlined in Section 1 of the Wills Act.
According to the Wills Act, the Will must be signed in front of two witnesses by the Testator and Testatrix.
Wills that do not comply with the formal requirements of the Wills Act are invalid. Certified copies of signed wills are also not acceptable since the Master only accepts originals.
In an electronic Will (e-Will), the Will is stored as a data message, email or word document on a device. In most cases, it is typed on a computer, and does not include a signature which allows the law to recognize the document as authentic. The Wills Act does not require formal requirements for e-Wills.
The Wills Act provides that in instances where the document does not comply with the formal requirements, the applicant can apply to the High Court for the document to be regarded as valid if the High Court is satisfied that the document was (a) drafted by the deceased, (b) the deceased has since passed away and (c) the deceased intended that the document be considered his or her last Will.
In Conclusion
To avoid any complications, we strongly recommend that to avoid the lengthy and costly process of applying to the High Court, you draft your will the old-fashioned way, with hard copies, and have it properly executed in terms of the Wills Act.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
