Towards the formulation and inclusion of formalities for the revocation of wills

Abstract

The revocation of wills is currently regulated in South Africa by common law principles and judicial decisions. This has resulted in conceptual lacunae. In light of the above legal gap, it can be argued that formalities for the revocation of wills should be introduced in order to, among other things, reduce fraud and create consistency at the various Masters' Offices and in court decisions. The rationale for including strict formalities for the execution and amendment of wills in the Wills Act 7 of 1953 is to prevent fraud and inconsistencies when determining the validity of such a will. This study advocates for the common law principles that currently regulate the revocation of wills in South Africa to be formalised and codified to include formalities for the revocation of wills. This would create legal uniformity and easy interpretation of the law. In the process of establishing formalities for the revocation of wills, it would be beneficial to understand how other jurisdictions deal with revocation formalities. With reference to its code on Estates, Powers, and Trusts Law (EPT Law), the New York Consolidated Laws and Constitution of the State of New York in the United States of America provide some useful insights in this regard. Will revocation, including formalities, is codified in the EPT Law. To place this discussion in its proper context, consideration should also be given to the current formalities for the execution and amendment of wills.