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Refqah is a director, attorney and conveyancer and manages the Claremont branch where she is based. After 10 years of successful practice, Refqah merged her firm with STBB in 2008. She is the national head of STBB’s Wills, Estates, Trusts and Curatorships department. Refqah also specialises in conveyancing and all aspects of property law, as well as Islamic wills and estate planning. Refqah recruits and mentors STBB’s Western Cape candidate attorneys. She is a trustee of the South African College Schools (SACS) Endowment Trust. Refqah is married to design architect Imraan Ho-Yee and they live in the Southern Suburbs with their sons.

Thought of the Week | Can a video recording operate as a valid will in South Africa?

There is no precedent on the validity of video wills in South Africa. In order for a will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements of the law of succession and specifically the Wills Act of 1953 including, but not limited to, the requirement that it must be duly signed by the testator as well as by two or more competent witnesses present at the same time.

In some international jurisdictions (such as New South Wales, Australia, and in a few states in the United States of America) the issue of the validity of video wills has come before their courts and some rulings have held that in certain situations and provided specific requirements are met, video wills may be accepted as a valid last will and testament of a deceased person. It therefore appears that international jurisdictions are gradually adapting, their courts navigating the interaction between law and technology.

The importance of having a written and validly executed will remains paramount in South Africa, notwithstanding the possibility that video wills may be approved by courts in times to come.

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