A will can look neat and still leave important questions unanswered. Some mistakes affect the document’s formal validity; others cause a gift, appointment or family arrangement to work differently from what you intended.
The aim is to prepare clear instructions, follow the legal formalities and keep the finished original available. No checklist can guarantee that a will will never be challenged, but these are useful issues to discuss with your professional drafter.
1. Putting it off because you think the law will do what you want
If no valid will governs your estate, intestate-succession rules determine the distribution of the relevant assets. Those rules do not simply allow relatives to divide everything as they think you would have wished.
Start by recording your family circumstances, dependants, assets and intentions. Free professional will-drafting services are available from some providers; the absence of a drafting budget need not mean doing nothing.
2. Assuming unclear wording will be understood
“Give the house to the children” may leave questions: which property, which children, in what shares, and what if one child dies before you? Discuss full names and identifying details, specific gifts, replacement beneficiaries and the residue—what remains after debts, costs and specified gifts.
Clear drafting must also allow for future changes. A very detailed list with no suitable residue clause can create new gaps when your assets change.
3. Choosing a beneficiary or spouse as a witness
A witness, or that witness’s spouse at the relevant time, can be disqualified from receiving benefits under the will. Related disqualification rules apply to a person who handwrites the will or signs on the testator’s instruction, and their spouse. Certain appointments can also count as a benefit for this purpose. There are statutory exceptions and possible court relief, but these should not be your signing plan.
This does not automatically invalidate the whole will. Nor is every person related to a beneficiary automatically prohibited from witnessing it. Arrange suitable independent witnesses and follow your drafter’s instructions. Wills Act 7 of 1953, as amended
4. Treating signatures as an administrative detail
For a standard will signed personally, the testator must sign at the end or acknowledge the signature in the simultaneous presence of two competent witnesses. The witnesses must attest and sign in the presence of the testator and one another. The testator must also sign each earlier page. Witnesses must be at least 14 and competent to give evidence.
Signing by a mark or through another person brings additional requirements involving a commissioner of oaths. Get assistance with the entire execution process. Do not collect signatures separately and assume that a date added afterwards fixes the problem. Department of Justice: Wills
5. Assuming a handwritten note is either always valid or always invalid
A will may be handwritten, typed or printed. The problem is not handwriting by itself: capacity, wording and proper execution still matter. A beneficiary handwriting your will can create the disqualification problem described above.
A phone note, unsigned draft, scan or message is not a safe substitute for a properly executed original. Courts have powers in certain circumstances, but a family should not have to rely on an expensive application that may or may not succeed.
6. Failing to review after divorce or another major change
Do not assume divorce automatically cancels an old bequest to a former spouse forever. Section 2B contains a limited three-month rule after the marriage is dissolved, subject to the will’s wording and intention. If you leave the will unchanged beyond that period, the former spouse may still benefit under it.
Review after marriage, divorce, a birth, a death, a major asset change or a new dependant. Review overseas assets and wills with suitable specialists so that one document does not accidentally revoke or conflict with another.
7. Naming an executor without discussing the job
Ask whether your proposed executor is willing and able to take the appointment, who would step in if necessary, what help will be used and what fees and security requirements may apply. Naming someone in your will is a nomination; the Master’s appointment and estate procedures still matter.
Expertise, continuity and communication are worth discussing. Free drafting does not mean the deceased estate will have no administration costs.
8. Confusing a guardian with a trustee
A guardian’s responsibilities for a child are different from a trustee’s responsibilities over trust assets. Naming a caregiver does not itself establish a trust or explain how an inheritance will pay for a child’s needs.
Discuss your actual parental rights. Section 27 of the Children’s Act makes provision for a sole guardian to appoint a fit and proper successor in a will; a nomination does not simply override another surviving guardian’s rights. Children’s Act 38 of 2005, section 27
Where appropriate, have the will drafter consider a properly structured testamentary trust, funding, trustees, support payments and eventual capital distribution.
9. Ignoring benefits that may fall outside the will
Some insurance policies and retirement-fund death benefits have their own rules or nomination arrangements. A will does not automatically control all of them. Review the will alongside your beneficiary nominations and tell your professional team about existing policies, retirement funds and ownership arrangements. Department of Justice: Wills, estate planning and beneficiary nominations
10. Hiding the original too well
Tell a trusted person where the signed original is held, who the custodian is and how to contact them. A digital copy can help identify information, but losing the original can complicate acceptance and proof of the will. Seek legal help promptly if the original cannot be found.
Keep a secure record of the custodian and the date of your latest will. When replacing an older will, follow your drafter’s instructions to avoid leaving conflicting versions in circulation.
11. Making informal changes on the signed document
Crossing out a beneficiary, adding a name or attaching a note can create formalities and interpretation problems. Have changes made through a properly executed replacement will or codicil, as appropriate. An email to an executor is not a dependable way to amend your will.
12. Making promises the estate cannot afford
Prepare an overview of debts, property, policies, dependants and likely administration costs. A gift of an asset still subject to debt, or a trust with too little funding, may not work as you expected. Ask about estate liquidity—the cash needed to settle liabilities and expenses without unnecessary forced sales.
Your next appointment
Take your current will, family and marital details, asset and debt records, beneficiary nominations and your questions. Ask your drafter to explain the proposed appointments, any trust terms, the signing process, costs and safe storage before you sign.
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: gather details and questions for your chosen professional will drafter; preparation notes only, not a will
- Complete Financial Affairs Organiser — R149.99: record the custodian of the signed original and other essential family information
- Deceased Estate Administration Guide — R109.99: understand executor responsibilities and the estate-administration process
Browse the GFS Product Library. Prices checked 2 November 2026.
Keep learning with Get Financial Savvy
Follow for more tips and information
@getfinancialsavvy on Instagram | Get Financial Savvy on Facebook | GFS website
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.