Why Your Will Witnesses Cannot Be Beneficiaries in South Africa

It seems natural — you're signing your will and your spouse or adult child is right there. Why not ask them to witness it? Because if they're also a beneficiary in the will, the Wills Act 7 of 1953 will strip them of their inheritance. This is one of the most common and most painful will mistakes in South Africa, and it's entirely avoidable.

What the Wills Act Says

Section 4A of the Wills Act 7 of 1953 is explicit: a person who witnesses a will — or whose spouse witnesses a will — forfeits any benefit left to them under that will.

The relevant provision reads:

"A person who attests and signs a will as a witness, or who signs a will in the presence of and at the direction of the testator, shall be disqualified from receiving any benefit from that will."

The forfeiture applies to the witness themselves and, critically, to their spouse — even if the spouse didn't witness the will at all.

A Practical Example

You leave your house to your daughter Lerato and ask her husband Sipho to witness your will. Even though Sipho inherits nothing under the will, his presence as a witness means Lerato forfeits her inheritance — because Sipho is her spouse.

The house would then pass under the residuary estate clause, or intestate succession rules if there's no residuary clause — potentially to someone you never intended.

Does the Will Itself Remain Valid?

Yes — and this is important. The forfeiture applies to the benefit, not the will. The will remains valid and enforceable in all other respects. The beneficiary who witnessed simply loses their share. The rest of the estate is distributed normally.

This makes it even more critical to catch the error: the family member loses their inheritance, but there's no obvious signal that something went wrong — the will still gets accepted by the Master of the High Court and administration proceeds.

Who Should Witness Your Will?

Your witnesses must be:

• Over 14 years old
• Competent to testify in court at the time of signing
• Present at the same time as you and each other during signing
• Not a beneficiary under the will, and not married to a beneficiary

Good witness choices include:

• A colleague who is not mentioned in your will
• A neighbour
• A professional — your doctor, accountant, or attorney (if they don't inherit)
• A friend who is not a beneficiary and is not married to a beneficiary

What About the Executor?

Your executor can witness your will — there is no restriction on executors acting as witnesses — as long as the executor is not also a beneficiary. If your executor inherits under the will, they should not witness it.

The Spouse Rule Catches People Off Guard

The most overlooked part of Section 4A is the spouse extension. Even an innocent witness — someone who inherits nothing — can inadvertently cause their spouse to forfeit an inheritance. This means you need to check not just whether the witness inherits, but whether the witness is married to anyone who inherits.

For example: your neighbours Johan and Priya Naidoo witness your will. If your will leaves anything to Johan — even a small keepsake — Priya also forfeits any benefit. And if the will leaves anything to Priya, Johan's witnessing causes her to forfeit it.

The safest rule: choose witnesses who have absolutely no connection to your estate.

Can the Forfeiture Be Reversed?

In limited circumstances, yes. Section 4A(2) allows a court to order that the forfeiture not apply if the court is satisfied that the testator was not unduly influenced by the witness-beneficiary. However, this requires a court application — an expensive and uncertain process that your beneficiaries should never have to go through.

The far simpler solution is to choose the right witnesses from the start.

Remote Witnessing: The Modern Alternative

If you're struggling to find two suitable witnesses — people who don't inherit from you and aren't married to anyone who does — urWill's remote witness service connects you with a qualified, independent witness via video call. The witness has no connection to your estate, so there is no risk of forfeiture, and the process takes less than 30 minutes.

The One Rule to Remember

If someone benefits from your will, they cannot witness it — and neither can their spouse. Write it on a sticky note if you have to. This single rule, if ignored, can silently undo years of planning and leave a loved one with nothing.

urWill's signing guide walks you through the witnessing requirements step by step, flags common mistakes before you sign, and — if needed — connects you with independent witnesses through the remote witness service. See our guide to online wills in South Africa for more on how the signing process works, and read the full step-by-step will writing guide to make sure everything else is correct too. Ready? Create your will online — free.