Homemade wills
Are homemade wills valid?
The same requirements apply regardless of whether the will was drawn up by a lawyer or handwritten by the deceased at home. If these requirements are not met, the will is invalid. However, where there is evidence to prove that the document expresses the deceased’s testamentary intentions, a court application can be made for an order validating the will.
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How to validate a homemade will?
If a document does not meet the legal requirements for a valid will, the High Court has the power to declare the document valid provided that certain requirements are met. The procedure to involves making an application to the High Court, either as a standalone application or together with an application for probate.
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Handwritten changes to a will
Handwritten alterations to a will are usually invalid unless particular requirements are met. However, even if the handwritten alterations are invalid, it may still be possible to apply to the Court to give effect to the alterations if they reflect the deceased's testamentary intentions.
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