You've worked hard to build the life you have. Maybe it's the home you're paying off, the car you finally bought, savings you've built up over time, or simply the life you've created on your own terms with the people you love. Whatever that looks like, it's worth asking: if something happened to you tomorrow, would the people you care about know what you wanted? That's where a will comes in.
But here's the part many people miss: writing your wishes down and calling the document a will doesn't automatically make it legally valid. South African law has a few important rules, and getting them wrong can create problems for the very people you were trying to protect.
The good news? Getting those basics right is actually pretty straightforward. Here's what you need to know.
You don't need a mansion, a big investment portfolio or millions in the bank to need a will. If you own things you care about, have people you want to provide for, or simply want a say in what happens when you're gone, a will is worth having.
That could mean your home, car, and savings. It could also mean a small business you've built, something sentimental you want a particular person to have, or making sure your kids are properly provided for. A will isn't really about how much you own, rather about deciding what happens to what's yours.
The requirements are set out in the Wills Act 7 of 1953, and while they aren't complicated, they do matter. Here are some important rules to be aware of:
- You must be 16 or older and mentally capable of understanding the nature and impact of making a will
- Your will must be in writing. It can be handwritten, typed or printed. A voice note, a video or a saved draft on your phone won't cut it.
- You must sign it at the end. If the will has more than one page, you'll also need to sign the other pages.
- Two competent witnesses must be there when you sign. They must be at least 14 years old and capable of understanding what they're witnessing.
- Your witnesses must also sign the will in your presence.
- Your witnesses should not benefit from the will, and neither should their spouses. Involving a beneficiary in the signing can affect their right to inherit.
If you can't physically sign the will yourself, there are other ways it can be signed, but additional legal requirements apply. That's one of those situations where professional help is especially valuable.
The important thing is that all the formalities are followed properly. A will can say exactly what you want it to say and still cause problems if it wasn't set up correctly.
Sometimes it's not the big decisions in a will that create problems. As they say, the devil is in the details, so it's important to know what to avoid.
Your sibling might be the person you trust the most in the world. But, if you've also left them your car, asking your brother or sister to witness your will is not a smart idea. The safest approach is to keep your witnesses completely separate from the people who stand to benefit from your will. That way, there's far less room for complications.
A few years can change a lot. You may have bought a home, had a baby, got married or divorced, lost someone close to you or simply changed your mind about who you want to leave something to. Your will should keep up with the life you're living. Marriage doesn't automatically cancel your will, but that doesn't mean an old will reflects what you want after getting married. Divorce can also affect how an existing will is treated, particularly in the months immediately after the divorce.
The easier rule to remember is this: When your life changes, check your will.
"I leave everything to my children" might sound perfectly clear to you. But, what happens if one of your children passes away before you? What about stepchildren? Or an item you promised to someone years ago? A good will leaves as little room for guessing as possible. The clearer the wording, the easier it is for the people dealing with your estate to understand what you actually wanted.
Your executor has an important job to do. They're responsible for helping wind up your estate, dealing with the administration and making sure assets are distributed correctly once the legal process has been completed. So this isn't a name to add simply because someone is close to you. Think about who you genuinely trust, who can handle the responsibility and whether the person you choose is likely to be willing and able to take it on when the time comes. You can also nominate a professional executor, such as a lawyer or trust company, if your estate is more complex.
Your estate may not only exist in a filing cabinet. You might have online investments, cryptocurrency, digital accounts, intellectual property, an online business or other assets that aren't immediately obvious to someone else. Your will doesn't necessarily need to contain all your passwords or login details - in fact, putting sensitive information directly into it may not be the smartest idea - but the person dealing with your estate should at least be able to find out what exists. A secure, up-to-date record of important digital assets can make that task much easier.
There's no point in having a well-drafted, perfectly valid will if nobody can find the original when it's needed. Keep it somewhere safe and make sure your executor or another person you trust knows where it is. And resist the temptation to scribble changes onto the original later. If your wishes change, update the will properly rather than creating uncertainty with handwritten additions or crossed-out sections.
If your will doesn't meet the legal requirements, it may not simply be accepted as your last will and testament. A court can, in certain circumstances, order that a document which doesn't meet all the usual formalities be treated as a will. But that can mean extra time, legal costs and uncertainty for your family. And if the document ultimately isn't accepted, your estate may be dealt with under the rules of intestate succession instead. In other words, the law may end up deciding who inherits, rather than you. That's why getting the formalities right matters so much.
Technically, no: there's no legal requirement to use an attorney. But, having a professional in your corner is almost always worth it, especially if your situation involves a modern family setup, minor children, business interests or property. What most people usually want is clear, step-by-step guidance from someone they trust, and that's exactly what a good legal professional provides. It's less complicated, and often more affordable, than people expect.
A will shouldn't be something you write once and then forget in a safe for the next 20 years. Think about reviewing yours when something important in your life changes, such as:
- getting married or divorced;
- having or adopting a child;
- buying or selling property;
- starting or selling a business;
- losing someone named in your will;
- acquiring significant new assets; or
- changing your mind about who you want to inherit.
You don't need to wait for a big life change or milestone. it's worth checking your will every few years simply to make sure it still says what you want it to say.
A valid will only helps the people you love if it actually does what you intended it to do. That means getting the legal details right, keeping it up to date and making sure it still reflects the life you're living now. You've worked hard for what you have. Make sure your wishes hold up when they matter most. If you haven't written a will yet, and this article popped up on your screen, this is a pretty good sign to get your will sorted.