How Long Is a Will Valid in South Africa?

A properly executed will in South Africa does not have an expiry date — it remains valid and operative indefinitely until the testator’s death, provided no revoking event occurs in the meantime. Under the Wills Act 7 of 1953, a will is automatically revoked by the testator’s subsequent marriage (section 2A), is partially revoked as to any bequest to a former spouse upon divorce (section 2B), and can be revoked by a later inconsistent will, by a written revocation signed in the presence of two competent witnesses, or by destruction with the intention of revoking it (sections 3 and 4). Validity and the formal requirements for execution are governed by section 2 of the Act, which requires the testator to sign the will in the presence of two competent witnesses who also sign in the testator’s presence. The Master’s Office does not “register” or “renew” wills during the testator’s lifetime — the will is filed and tested for validity only after death.

What “Validity” Actually Means in South African Wills Law

Searchers asking “how long is a will valid” usually mean one of three things, and the answer depends on which sense of “valid” is in play. South African wills law distinguishes them clearly:

• Formal validity — the will complies with the execution requirements in section 2 of the Wills Act 7 of 1953: the testator’s signature, in the presence of two competent witnesses, who also sign in the testator’s presence.
• Operative effect — the will has not been revoked by a subsequent revoking event (marriage, divorce from a beneficiary, a later inconsistent will, destruction, or written revocation).
• Post-death challenge — the will may still be set aside after the testator’s death on grounds such as lack of testamentary capacity, undue influence, or fraud. These are distinct from “invalidity” in the everyday sense, and they have their own timing rules.

Clearing that up front matters, because a will can be formally valid and operative, and still be challenged successfully years after the testator’s death. The rest of this article focuses on the first two senses — when a will is valid on its own terms, and what stops it from remaining so.

The Short Answer: A Valid Will Does Not Expire

A properly executed will in South Africa has no statutory or common-law time limit during the testator’s lifetime. A will signed today remains valid in five, ten, or fifty years’ time if circumstances do not change.

The Master of the High Court does not require wills to be re-signed, re-witnessed, or re-registered at any interval during the testator’s lifetime. There is no “renewal” or “lapse” concept in the Wills Act. The will only needs to be located and lodged with the Master’s Office within a reasonable period after the testator’s death — typically by the executor named in the will, or by any person who takes custody of the original document.

The Five Events That Revoke or Limit a Will

Event	Effect	Source
Subsequent marriage of the testator	Automatically revokes the entire prior will, unless the will was made in contemplation of that specific marriage	Wills Act, section 2A
Divorce from a spouse who was a beneficiary	Revokes any bequest to that former spouse, but does not revoke the rest of the will	Wills Act, section 2B
Execution of a later will	Revokes the earlier will to the extent of any inconsistency	Wills Act, section 3
Written revocation signed in presence of two competent witnesses	Revokes the will as a whole or in part	Wills Act, section 3
Destruction of the will with the intention to revoke	Revokes the will, but only if the destruction is done by the testator, or by another person in the testator’s presence and by the testator’s direction	Wills Act, section 4

These are the only events that revoke an otherwise valid will. None of them are about the age of the document.

Marriage and Wills: The Most Common Surprise

Section 2A was added to the Wills Act in 1988 to codify what was previously only common law: a marriage automatically revokes any prior will, even if the will was made only weeks before the marriage. A couple signing wills in early January and marrying in late January will find both wills revoked on the wedding day, without anyone having to lift a pen.

A will made “in contemplation of marriage” survives the marriage, but the contemplation clause must specifically identify the marriage in question — a general clause such as “in contemplation of any future marriage” is not sufficient. The contemplated marriage must be named, and the will must be drafted with that specific marriage in mind.

Couples entering into ante nuptial contracts often draft wills simultaneously, which is sensible. Each will nevertheless remains at risk if either party later marries someone other than the contemplated spouse — the contemplation clause protects only the marriage named in it. This is the single most common reason a will “stops working” without the testator realising it has done so.

Divorce and Wills: Partial, Not Full, Revocation

Section 2B does not revoke the whole will. It revokes only the bequest to the former spouse. The rest of the will — including any provision for the couple’s children, the appointment of an executor, and any bequests to other beneficiaries — remains operative.

The revocation takes effect automatically by operation of law; the testator does not need to update the will to remove the ex-spouse’s name. Where the testator intended to leave the ex-spouse something despite the divorce, the will can be re-executed to restore the bequest — but the default position under section 2B is revocation.

If the testator remarries after the divorce, the original will is treated as revoked in full by the new marriage under section 2A, so a new will is required anyway. Divorce followed by remarriage therefore produces two revocation triggers in sequence, and the practical outcome is a fresh will either way.

Re-Writing a Will: When You Should and When You Don’t Have To

Re-writing is recommended after any major life event: marriage, divorce, the birth or adoption of a child, the death of a beneficiary, the acquisition or sale of a major asset, or a change in the choice of executor. A valid will remains valid even if years pass without amendment — there is no requirement to refresh a will every few years.

Adding a codicil (a formal amendment to an existing will) is permissible under South African law, but most attorneys recommend drafting a fresh will instead, because a poorly drafted codicil can create ambiguity when read alongside the original document. Reviewing the will every three to five years as a matter of good housekeeping is sensible, but a will that is never reviewed remains valid unless one of the revocation triggers fires.

Burger Huyser Attorneys’ Wills & Estates team is set up for exactly this kind of review work — confirming whether an existing will is still operative after a life event, identifying provisions that may no longer reflect the testator’s wishes, and drafting a fresh will where one is needed.

Common Situations That Do NOT Revoke a Will

• Moving to a different province or to a different country — the will remains valid; only the Master’s Office where the deceased’s estate will be reported (the province where the deceased was ordinarily resident at death) changes.
• Changing banks, changing employers, or changing financial advisors — none of these affect the will.
• Marriage of an adult child — does not affect the testator’s will, only the child’s own will (if any).
• A beneficiary predeceasing the testator without the will saying what should happen — this triggers the lapsed-beneficiary rule under the general principles of construction, not revocation of the whole will.
• Routine life events that the testator did not address in the will — these do not invalidate the will; they simply mean the will operates as drafted.

What Happens When the Testator Dies

The executor named in the will (or, failing that, an interested party) must report the estate to the Master of the High Court in the province where the deceased was ordinarily resident at death. For Johannesburg-area clients, this is the Gauteng Local Division of the High Court in Johannesburg, where the original will is lodged and where letters of executorship are issued. Tshwane-based estates are typically processed at the Master’s Office in Pretoria, and other Gauteng municipalities file at the Master’s Office for the province where the deceased was last ordinarily resident.

The Master examines the will for formal validity, considers any objections (such as a potential challenge by a disappointed heir), and issues letters of executorship if the will is accepted. A will that complied with section 2 at execution remains formally valid unless successfully challenged on grounds such as lack of capacity, undue influence, or fraud — none of which are about the age of the will.

The Master’s role is verification after death, not registration during life. This is why “how long is a will valid” has a different answer in South Africa than it does in jurisdictions that maintain an active will registry.

Frequently Asked Questions

Does a will expire after a certain number of years in South Africa?

No. A properly executed will under the Wills Act 7 of 1953 does not have an expiry date. It remains valid and operative indefinitely until the testator’s death, provided it has not been revoked by a subsequent marriage, a later inconsistent will, divorce from a named beneficiary, written revocation, or destruction with intent to revoke.

Does getting married cancel my existing will?

Yes, automatically. Section 2A of the Wills Act provides that a subsequent marriage revokes any prior will, unless the will was made specifically in contemplation of that marriage and identified the marriage by name. Most existing wills are revoked by marriage, which is why drafting a new will or adding a contemplation clause before the marriage is the usual fix.

Does divorce cancel my entire will?

No, only the bequest to your former spouse. Section 2B of the Wills Act revokes any provision in favour of the former spouse on divorce, but the rest of your will — including provisions for children, other beneficiaries, and the appointment of an executor — remains in force. You can re-execute the will to restore a provision for your former spouse if you specifically want to.

How long do I have to challenge a will after someone dies?

That is a separate question from how long a will is valid. A will that has been accepted by the Master can be challenged on grounds such as lack of testamentary capacity, undue influence, or fraud — typically within a reasonable period after the Master’s decision, and the practical window for bringing a challenge depends on whether the estate has already been finalised and distributed. If you are considering a challenge, consult an attorney promptly because delay can complicate the relief available.

Does my will stay valid if I move to another province or out of South Africa?

Yes, the will itself remains valid regardless of where you live. What changes is the Master’s Office where the estate will be reported after your death — it will be the Master’s Office in the province where you are ordinarily resident at the time of death, not where the will was originally signed.

Should I rewrite my will every few years?

There is no legal requirement to do so, and a will that is never updated remains valid unless one of the revocation triggers fires. That said, reviewing your will every 3 to 5 years — and after any major life event such as marriage, divorce, the birth of a child, or a significant change in assets — is good housekeeping and avoids the situation where the will no longer reflects your wishes.

If you are reviewing an existing will — particularly after a marriage, divorce, or simply because it has been years since it was signed — Burger Huyser Attorneys’ Wills & Estates team can confirm whether it remains valid, identify any provisions that may no longer reflect your wishes, and draft a fresh will if one is needed. The firm practises from Linden (49 First Avenue, Randburg, 011 888 0246) with branches across Gauteng and offers a personalised, plain-spoken service with honest cost conversations up front. Initial enquiries can be directed to the head office on 011 888 0246 or via the firm’s website.