The development of measures to facilitate the execution and amendment of wills during a pandemic where freedom of movement is restricted

Abstract

The study examines the challenges in executing and amending wills during the COVID-19 pandemic to highlight the implications of the South African government's lack of legislative measures for will signing. The South African experience is compared to the United Kingdom and New Zealand's approaches to facilitating will signing during the pandemic. The primary objective is to examine how the United Kingdom and New Zealand managed to implement interim measures, and to evaluate the advantages and disadvantages of the interim measures implemented. The focus is on testamentary formalities, specifically the importance of physical presence for the execution and amendment of a will in the three jurisdictions. This analysis is achieved by analysing case law. South Africa can take lessons from the measures implemented by the United Kingdom and New Zealand during the COVID-19 pandemic in anticipation of possible future pandemics where people's freedom of movement is restricted. The study relied on a desktop-based research method. The method consults existing data, including primary sources such as the Wills Acts of South Africa, the United Kingdom and New Zealand, the Epidemic Preparedness Order, the United Kingdom Order and case law, as well as secondary sources like internet data, books, and journal articles related to the law of succession. The research extracts lessons and gives recommendations for the execution and amendment of wills during a time where freedom of movement is restricted.