Have you ever wondered how people, who are unable to physically or educationally sign a document can have a valid will? Who are these people and how have laws in South Africa made it possible for the affected persons to have a valid will and so ensure that their wishes for their estates are known?
According to an article by Deenisha Nadasen in the Personal Finance section of The Mercury dated 13 March 2026, there are 5 categories of persons who may be affected.
- Blindness or Severe Visual Impairment – there are 1.4m adult South Africans in this category, 80% of whom live in the rural areas. To make it possible for them to sign a will, SA law allows for them to use a thumbprint as a substitute for their signature.
- Illiteracy – in SA there are approximately 4m illiterate adults who would be unable to sign a document. They too, may use a thumbprint or a make a mark, such as an X, in place of a signature.
- Physical disability – according to StatsSA, approximately 3.5m adults live with various levels and categories of physical disability including, neurological and/or muscular disorders; paralysis; severe arthritis etc making it difficult, if not impossible to hold and guide a pen. They too may use a thumbprint or recognised mark or even have someone else to sign on their behalf.
- Temporary Incapacity – such as being hospitalised, physically weak or seriously ill. As in all of the above categories a thumbprint of recognised mark may be used.
- Cultural Traditions – Older generations in traditional cultures are not accustomed to having written wills. On a person’s death they relied on customary law, oral traditions and family-based inheritance systems. Today, many of the younger persons have modernised and shifted their value systems there is a greater awareness of a stable financial future for both themselves and their families. They may not have heard of a will and/or be unfamiliar with signing documents. They too may use a thumbprint or a suitable mark.
BUT, there are rules for witnessing and certification. Whichever method is used to “sign” the will the following steps must be followed:
- The person drafting the will, the Testator or Testatrix, must be 16 years or older and of sound mind, able to testify in court.
- The will must be signed, thumb printed or marked on every page, in the presence of and by 2 witnesses who must be 14 years or older and of sound mind, able to testify in court. Witnesses may not be named in the will as beneficiaries in any way and shall not be married to anyone who is a named beneficiary.
- If another person is to sign on behalf of the Testator or Testatrix, both must be present as well the 2 Witnesses.
- A will signed in any of these circumstances – thumbprint, recognised mark or by another person – a Commissioner of Oaths must be present and confirm the identity of the person drafting the will, that the document is indeed their will and that it was signed in their (the Commissioner’s) presence. This certification must be attached to the will.
As South Africa recognises that some people cannot conventionally sign their will, it has been made possible for them to be able to make a will and know that their wishes for the distribution of their assets can be carried out legally and without fraud.