In 2023 Thomas, a very frail old man, made a one page will in which he left his estate to his children. Thomas signed the will with his mark in the presence of two witnesses and his attorney, one Johnson. The witnesses signed the will with their signatures immediately after the testator had signed the will with his mark. The attorney, Johnson, then signed the will and wrote the certificate required by section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testator was known to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson, attorney-at-law”.

This will is invalid for the following reason:

Question

In 2023 Thomas, a very frail old man, made a one page will in which he left his estate to his children.  Thomas signed the will with his mark in the presence of two witnesses and his attorney, one Johnson. The witnesses signed the will with their signatures immediately after the testator had signed the will with his mark. The attorney, Johnson, then signed the will and wrote the certificate required by section 2(1)(a)(v) at the top of the page. In the certificate, Johnson stated that the testator was known to him and that the will was the will of the testator. He then signed the certificate: “AP Johnson, attorney-at-law”.  
 
 This will is invalid for the following reason:

Answer

The attorney did not follow the exact wording of section 2(1)(a)(v).

Answer

The attorney did not use the specimen certificate provided in the Wills Act 7 of 1953.

Answer

The attorney did not indicate his office as that of “commissioner of oaths”.

Answer

The certificate should have been attached immediately below the signatures of the testator and the witnesses and not at the top of the page.

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In 2023 Thomas, a very frail old man, made a one page will in which he left his ...

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