The Wills Act 7 of 1953, as amended, prescribes strict formalities that must be complied with for a will to be valid. A failure to meet any one of these requirements can render a will invalid, potentially frustrating the true intentions of the testator and giving rise to disputes during estate administration.
This webinar explores the vital “rescue provision” contained in section 2(3) of the Act, which empowers courts to condone non-compliance with these formalities under certain circumstances. Through this provision, a court may declare a document to be a valid will, even where it does not comply with the prescribed requirements, provided that it is satisfied that the document reflects the deceased’s final testamentary intentions.
We will unpack the legal principles underpinning the condonation power, examine key judicial considerations, and discuss how courts determine whether a document should be accepted as a valid will.
Practical insights will be provided on how to approach defective testamentary documents, both in litigation and in estate administration.
This webinar precedes The Executor’s Office: Appointment, powers, and duties. You do not have to attend both webinars.
- Legal practitioners
- Fiduciary practitioners
- Trust companies
- Accountants and auditors
- Judges
- The Master
- Any person involved in the drafting of wills or the administration of estates
- This is a 3-hour webinar taking place from 08:30-11:30 on 5 October 2026.
- When opting for recordings, follow the instructions in your registration confirmation email to request access to view recordings online. Recordings can be viewed at any time once you've received login details. Recordings are only available for a limited time. Please refer to your registration confirmation letter for more information. Enquiries: sherise
gawieleroux.co.za - The recording is accompanied by a comprehensive reference manual, which is sent electronically in PDF format.
- Gain a clear understanding of the legal requirements for a valid will and the role of section 2(3) of the Wills Act 7 of 1953 in condoning non-compliance.
- Walk away with the ability to identify when a defective testamentary document may qualify for condonation and how courts assess the testator’s intention.
- Understand, informed by relevant case law, the factors courts consider when deciding whether to condone a non-compliant will.