A Free Will Is Only the Beginning: Who Will Look After Your Family’s Inheritance?

When you see an advertisement offering a “free will”, look beyond the headline.

Professional will drafting at no charge is already available in South Africa. The more important questions are whether your will reflects your circumstances, who will administer your estate, what that service will cost, and who will look after beneficiaries who need ongoing support.

A will deserves careful thought. It records decisions that may affect your family for many years after your death.

You do not necessarily have to pay to have your will drafted

Capital Legacy currently offers will drafting at no charge, together with collection of the signed document, safekeeping and updates. Its Legacy Protection Plan is optional. You should therefore distinguish between the free will service and any insurance policy you are offered.

That does not mean every professional must draft every will free of charge. The point is that cost need not stop you from approaching a professional provider and getting your affairs in order.

Ask what the free service includes, who is nominated as executor, and what fees will apply when your estate is administered.

What does Capital Legacy’s protection policy do?

Drafting your will and paying the costs that arise after your death are separate matters.

Capital Legacy’s Legacy Protection Plan is designed to help meet specified estate-related costs. Its advertised benefits include cover towards executor fees, testamentary trust fees and conveyancing attorney fees. Depending on the chosen plan, benefits can also provide immediate cash for beneficiaries, funds for estate overheads and support for beneficiaries through a trust. The policy is underwritten by Guardrisk Life Ltd.

These benefits can help preserve more of an inheritance for the people you intended to benefit. However, the available plans provide different levels of protection. Do not assume that every option covers every expense in full: obtain a quotation and an explanation of the benefits, limits, exclusions and claim conditions.

Estate costs and estate duty are different

Executor fees, property-transfer costs and trust administration fees are expenses associated with administering an estate or trust.

Estate duty is a tax. Whether it is payable depends on the estate’s property, applicable deductions and abatements. Insurance can provide money to meet a liability, but taking out a policy does not, by itself, reduce the estate duty legally payable. Life-policy proceeds can themselves have estate-duty implications.

The question to ask your adviser is: “What expenses and taxes could arise, and how will my estate have enough money to meet them?”

Why continuity matters to me

My preference is for an established professional provider with the people, systems and succession arrangements to support a family over time.

An estate may need attention long after the person who originally drafted the will has retired or moved on. A trust for a young child or a dependant may need administration for many years.

For me, continuity means knowing that there is a team behind the service, that records can be retrieved, and that beneficiaries have someone accountable to contact.

An institution’s size alone cannot guarantee good service. I would still ask about experience, communication, fees, complaints procedures and what happens when the person handling a matter changes.

Testamentary trusts deserve particular attention

A testamentary trust is provided for in a valid will and comes into effect after death. It can be useful where an inheritance needs to be managed for minor children or other beneficiaries who need support.

For example, a parent may want trustees to manage inherited funds for a child’s education, maintenance and other needs, rather than leave those arrangements unclear.

The will needs to address who the trustees will be, their powers, who may benefit and when the trust should end. Trustees must obtain the Master’s written authority before acting and must account properly for the trust’s administration.

Discuss the ongoing administration and investment costs too. A trust needs both suitable instructions and people capable of carrying them out.

Read the separate GFS explanation: The Guardian’s Fund or a testamentary trust - what happens to a minor’s inheritance?

Where does Sanlam fit in?

Sanlam Trust now forms part of the Capital Legacy Group, with Sanlam describing it as a Sanlam associate. This brings the two businesses into the same broader fiduciary offering; they should not be presented as entirely unrelated alternatives.

Questions worth asking before you sign

What does the free will service include?
Who will be nominated as executor, and what fees will apply?
Where will the original signed will be stored?
Are testamentary trusts appropriate for my beneficiaries?
Who will administer those trusts, and at what cost?
If I consider a protection policy, exactly what does it cover?
How will my family contact the provider and receive progress updates?

Your financial adviser and will-drafting professional should consider your personal circumstances, dependants, assets, liabilities and wishes. Any policy or trust arrangement should follow a careful discussion of the relevant facts, costs and alternatives.

Provider information and official sources

Prepare for the conversation and organise your records

GFS Will Preparation Workbook - South Africa: R49.99
A 16-page printable and fillable workbook to gather your details, record preferences and prepare questions for your chosen will drafter. This is an optional, independent GFS preparation resource, not a will, a provider application or a charge for free will drafting.

The Complete Financial Affairs Organiser - R149.99
A broader family record for organising important financial information and where to find it.

Deceased Estate Administration - R109.99
A South African educational guide to the administration process.

Browse the GFS Product Library or visit Get Financial Savvy. An organiser or workbook supports planning; neither replaces a valid will.

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General South African financial education. Obtain advice appropriate to your circumstances from a suitably qualified legal, tax or authorised financial professional. Product prices checked 2 November 2026.