THESE FOUR PEOPLE MUST BE PRESENT AT THE SIGNING OF THE WILL:

1 THE BEQUEATHER

Also called the testator, this is the person who’s will it is. The bequeather must be mentally sound.

Their memory doesn’t have to be perfect but they have to know what assets they want to bequeath and to whom, and they need to understand they’re in the process of drawing up their will.

2 THE AUTHORISED OR DESIGNATED SIGNATORY

If the testator is unable to sign, someone can do it on their behalf.

But the bequeather must be able to indicate that they choose this person and that they’re instructing the person to sign on their behalf.

The person also needs to be clearly indicated in the will as the authorised signatory.

If the will is more than one page, each page must be signed.

3 TWO WITNESSES

Two witnesses must sign the will in the presence of each other, the authorised signatory and the testator. The witnesses must sign after the authorised signatory.

Competent witnesses are defined as people older than 14 who are capable of testifying in court. A witness may not be a beneficiary in the will.

The person isn’t a witness to what the will says, so they don’t have to read the will – they’re simply witnessing that the will belongs to the bequeather, Van Vuren says.

4 A COMMISSIONER OF OATHS

The law stipulates a commissioner of oaths be present in the event of someone signing a will on a bequeather’s behalf. The commissioner must also sign each page, as well as any amendments, and the commissioner may not be a witness.

The commissioner must then attach a certificate to the will stating that the bequeather wasn’t mentally impaired in any way, is who they say they are, and that the signed document is their last will and testament. The Wills Act contains a template of the certificate.