Fiduciary Services

Are we ready for electronic wills?

Has the time come for South Africa to take the lead in amending wills legislation to keep up with the modern era? Currently, wills in South Africa are governed by very old legislation – the Wills Act, No. 7 of 1953, last slightly amended in 1996. The law says a will must be in writing – either handwritten or typed. Would modernising the Wills Act make it easier for the almost 80% of South Africans without wills to get this crucial document signed, sealed and delivered – digitally? Highly likely!

Is it time for the law to change?

Notable authorities have pointed out how the Wills Act needs to adapt to evolving technology, and convincingly argued that the formality requirements of the Act for the valid execution of a will have not kept up with technological advances.

Many people in South Africa live in remote areas, which also makes a case for digitising will drafting. Furthermore, incidents like the recent taxi strike show just how fragile transport systems can be, curtailing people’s ability to move. Another factor to consider is that people often lose their original wills when storing these at home. Digitising wills would make safekeeping so much easier, and would probably appeal to tech-savvy emerging generations like Gen Z.

Some progress has been made in the estate planning arena but drafting a will is more complicated because of the need for witnesses and the risk of fraud. However, with some clever and creative thinking, there’s sure to be a digital solution.

The uptake of wills internationally is quite low, but it is particularly poor in South Africa.

Electronic wills might not make a massive dent in the numbers, but they may assist in shifting perceptions about the process. It’s actually quite simple and affordable to draft a will, and the only way to ensure that your final wishes are heard and carried out.

There has been no action by the Department of Justice or Law Reform Commission to modernise the Wills Act since the submission to do so, during lockdown two years ago. Internationally, it is not a big trend either. Maybe, if other countries were to modernise their legislation, we would be more confident to emulate the process. Right now, most jurisdictions worldwide still insist on a ‘wet signature on paper’ will. Maybe it’s time to revisit this issue.

We have to make it as easy as possible for people to draft official wills, while also finding savvy ways to stop fraud.

Sanlam Life is a Licensed Life Insurer, Financial Services and Registered Credit Provider (NCRCP43)