Related documents
- Is amended by General Law Amendment Act, 1964
- Is amended by Wills Amendment Act, 1958
- Is amended by Wills Amendment Act, 1965
- Is amended by Walvis Bay and Off-shore Islands Act, 1994

Wills Act, 1953
Act 7 of 1953
- Published in South African Government Gazette no. 5018 on 4 March 1953
- Assented to on 25 February 1953
- Commenced on 1 January 1954
- [This is the version of this document from 1 March 1994 and includes any amendments published up to 6 October 2022.]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 1 January 1954]
- [Amended by Wills Amendment Act, 1958 (Act 48 of 1958) on 3 October 1958]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 24 June 1964]
- [Amended by Wills Amendment Act, 1965 (Act 41 of 1965) on 4 December 1970]
- [Amended by Walvis Bay and Off-shore Islands Act, 1994 (Act 1 of 1994) on 1 March 1994]
1. Definitions
In this Act, unless the context otherwise indicates -“competent witness” means a person of the age of fourteen years or over who at the time he witnesses a will is not incompetent to give evidence in a court of law;“Court” means the High Court of Namibia or any judge thereof;[definition of “Court” substituted by Act 1 of 1994 with respect to Namibia as a whole (see section 2(2) of Act 1 of 1994)]“Master” means the Master or Deputy Master of the High Court of Namibia;[definition of “Master” substituted by Act 1 of 1994 with respect to Namibia as a whole (see section 2(2) of Act 1 of 1994)]“sign” includes in the case of a testator the making of a mark but does not include the making of a mark in the case of a witness, and “signature” has a corresponding meaning;“will” includes a codicil and any other testamentary writing.2. Formalities required in the execution of a will
3. Soldiers’ wills
3bis. Validity of certain wills executed in accordance with the laws of certain other states
4. Competency to make a will
Every person of the age of sixteen years or more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his act, and the burden of proof that he was mentally incapable at that time shall rest on the person alleging the same.5. Witnesses cannot benefit under a will
A person who attests the execution of any will or who signs a will in the presence and by direction of the testator or the person who is the spouse of such person at the time of attestation or signing of the will or any person claiming under such person or his spouse, shall be incapable of taking any benefit whatsoever under that will.6. Witness cannot be nominated as executor, etc.
If any person attests the execution of a will or signs a will in the presence and by direction of the testator under which that person or his spouse is nominated as executor, administrator, trustee or guardian, such nomination shall be null and void.7. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set forth in the fourth column of the Schedule: Provided that the laws so repealed shall continue to apply in respect of any will executed before the first day of January, 1954.8. Application to South-West Africa
This Act and any amendment thereof which may be made from time to time shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section three of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951).[Section 8 is substituted by Act 80 of 1964, with the substitution deemed to have come into force on 1 January 1954 (section 21(2) of Act 80 of 1964). Act 1 of 1994, in Item 1 of the Schedule, provides the following transitional provisions relevant to the incorporation of Walvis Bay into Namibia:][“(2) Notwithstanding anything to the contrary contained in the Wills Act, 1953 (Act 7 of 1953) of Namibia, any will executed or amended before the effective date by a testator who was domiciled or resident in Walvis Bay immediately before the effective date, shall not be held to be invalid if it was executed or amended in conformity with the requirements of the laws of South Africa relating to wills as they were applied in Walvis Bay immediately before the effective date.][(3) Where a deceased has left a will which immediately before the effective date was governed by the laws of South Africa relating to wills, any question arising in relation to that will shall be determined in accordance with such laws as applied in Walvis Bay immediately prior to the effective date.”]9. Short title and date of commencement
This Act shall be called the Wills Act, 1953, and shall come into operation on the first day of January, 1954.History of this document
01 March 1994 this version
Amended by
Walvis Bay and Off-shore Islands Act, 1994
04 December 1970
Amended by
Wills Amendment Act, 1965
24 June 1964
Amended by
General Law Amendment Act, 1964
03 October 1958
Amended by
Wills Amendment Act, 1958
01 January 1954
Commences.
Amended by
General Law Amendment Act, 1964
04 March 1953
Published in
South African Government Gazette number 5018
25 February 1953
Assented to.
Cited documents 0
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