A valid will gives your family a documented set of instructions at a time when you can no longer explain what you intended. It can identify beneficiaries, nominate an executor and establish appropriate arrangements for an inheritance that needs ongoing management.
It does not prevent every dispute, cancel debts or make the estate process instant. Its importance is that a properly drafted and executed document gives your wishes an effective legal framework, within the law.
What is a will?
A will records how the part of your estate governed by the will should be dealt with after your death. It can make specific gifts, say who receives the remainder, nominate executors and contain trust instructions.
In relevant circumstances, it can also record a guardian appointment for a minor child. Funeral preferences may be included, but tell your family about them separately as well: the will may be located or read too late to guide immediate arrangements.
What happens if there is no valid will?
Intestate succession provides a legal distribution system. It does not mean the government automatically takes everything, but the outcome may differ from the people or shares you intended. The result depends on the family circumstances and applicable law.
A will is therefore particularly worth discussing when there are blended families, dependants with different needs, a family business, property shared with others or beneficiaries who cannot manage a large inheritance themselves.
Who can make a will?
Under the Wills Act, a person aged 16 or older may make a will unless, at that time, they are mentally incapable of appreciating the nature and effect of the act. Capacity matters at the time the will is made; a diagnosis or age alone is not the whole legal test. Wills Act 7 of 1953, as amended
If capacity may be disputed, obtain appropriate professional assistance early. Independent instructions, proper records and advice on the execution process are far better than leaving uncertainty for the family to resolve later.
What are the standard signing requirements?
For the usual will signed personally by the testator:
- The will must be in writing.
- The testator signs at its end, or acknowledges the signature, in the simultaneous presence of two or more competent witnesses.
- The witnesses attest and sign in the presence of the testator and one another.
- The testator signs each page before the final page as well.
- Witnesses must be at least 14 and competent to give evidence in court.
Extra requirements apply where someone signs by a mark or another person signs on their behalf. A commissioner of oaths has a prescribed role in those cases. Arrange the process through your drafter. Department of Justice: Wills
Record the date and place clearly as part of a sound execution record. Handwritten, typed and printed wills can be valid if the requirements are met. A neatly typed document with an incorrect signing process can still cause serious problems.
Keep interested people out of the witnessing process
Use appropriate independent witnesses who will not receive benefits or appointments that could create a disqualification. A beneficiary, a beneficiary’s spouse or someone helping to handwrite or sign the will can create problems under section 4A. The exact role and statutory exceptions matter; it is not a general rule that every relative of every beneficiary is banned.
Have the professional supervising the will explain who should witness it and why. Avoid a preventable dispute about a benefit even where the rest of the will may remain valid.
Choose appointments that will work in practice
An executor needs to deal with a detailed estate process. Ask about willingness to serve, professional support, fees, continuity, replacement nominations and security where applicable. A person named in a will does not simply acquire unrestricted authority on the day of death; the required appointment process still applies.
For children, distinguish care and guardianship from management of inherited money. A testamentary trust can be considered where an inheritance needs structured support, but the wording, trustees, available capital and ongoing costs must be suitable.
Section 27 of the Children’s Act specifically addresses appointments by a sole guardian or a parent with sole care. Your will cannot be assumed to remove another surviving parent’s rights. Ask the drafter to check your actual circumstances. Children’s Act 38 of 2005, section 27
What a will cannot promise
- Complete control over every asset: matrimonial property, ownership, lawful claims and separate benefit rules can affect what is available and who receives it.
- Control over all retirement or insurance payouts: these may follow their own legal and nomination arrangements.
- No tax or costs: debts, administration expenses and relevant taxes still need to be addressed.
- No disputes or delays: clear instructions can reduce uncertainty, but the administration process and possible challenges remain.
Do not build your plan around promises that a will guarantees a cheaper, faster or dispute-free estate. Build it around clarity, appropriate appointments, available funding and correct execution. Department of Justice: Wills, estate planning and beneficiary nominations
Can professional drafting be free?
Some established providers offer free will drafting. For example, Capital Legacy advertises free will drafting and safekeeping. Ask what is included, who is nominated as executor and what the later estate or trust service will cost.
Free drafting does not mean every adviser must provide every complex will free, or that estate administration is free. Any optional estate-cost insurance is a separate product. It should be assessed on its benefits, cost, limits and suitability, rather than treated as a compulsory condition for having a will.
For more on this distinction, read A Free Will Is Only the Beginning. You can also consult Sanlam Trust / Sanlam Legacy about its current service and terms.
Keep the original safe and findable
Use a reliable custodian and tell a trusted person where the latest signed original is stored. Record the custodian’s contact details. Do not leave the only record of that location somewhere the family cannot access.
A scan may help your family identify a document, but it should not be treated as an automatic replacement for the original. If the original is missing or formalities are in doubt, obtain legal advice; a court process may be relevant in particular circumstances.
Review the will as your life changes
Review after marriage, divorce, births, deaths, new dependants, major asset changes and changes to the people nominated to act. Ask about section 2B’s limited three-month divorce rule instead of assuming a former spouse’s benefit always disappears.
Check whether an existing trust, business agreement, overseas will or beneficiary nomination needs to be coordinated with the new document. Have amendments properly executed rather than adding informal notes to a signed will.
A manageable first step
You do not need every answer before contacting a drafter. Begin with an organised record of your family, existing documents, assets, liabilities and intentions. A good appointment should leave you understanding what the will says, what it does not cover, who will act, what it may cost and how the original will be stored.
Practical GFS resources
Use these optional educational resources to prepare questions and organise your information. They do not replace a professional recommendation or legal document.
- GFS Will Preparation Workbook – South Africa — R49.99: prepare for a professional drafting appointment; the workbook is not a will
- Complete Financial Affairs Organiser — R149.99: record where the signed original, policies, important documents and contacts are kept
- Deceased Estate Administration Guide — R109.99: understand the practical administration process after death
- Life Cover Calculation Worksheet — Free: prepare a starting discussion about family funding needs; this is an educational worksheet, not an insurance recommendation
Browse the GFS Product Library. Prices checked 2 November 2026.
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General South African financial education, checked 2 November 2026. Your financial adviser should consider your personal circumstances, needs, goals and financial information, discuss the relevant benefits, costs, risks and restrictions with you, and recommend products only where they are suitable. Wills, trusts and estate arrangements also require advice from an appropriately qualified legal and tax professional. No return, tax saving or legal outcome is guaranteed.