Can a minor child execute a will?

Last Updated On January 06, 2020

In terms of the Wills Act a person must be 16 years or older to sign a will. A person younger than 16 years of age cannot execute a will. The prohibition is absolute. Even if the person is assisted by his/her guardian, it will still not constitute a valid will.

Should a person under the age of 16 years pass away, the Intestate Law of Succession Act would apply. If the person, for example, is unmarried and both his/her parents are still alive, the parents would inherit in equal shares. Should one of the parents be predeceased, that parent’s 50% share would go to the brothers and sisters of the deceased.

For witnessing of a will the age is younger. A person can already from the age of 14 sign a will as witness.

Volker Krüger

U kan ‘n testamentinstruksievel hier voltoi: Testament Instruksievel / Will Instruction Sheet