Wills: Why Every Adult Should Have One

Many of us put off making a will. It can feel morbid, expensive or only for rich people. In truth, a will is one of the kindest things an ordinary adult can do for the people they leave behind, and it is simpler than most people think.

What is happening

A will is a written document that says who should receive your belongings after you die, who should manage your estate (the executor), and, if you have young children, who you would like to care for them. In South Africa the rules for a valid will are set out in the Wills Act 7 of 1953.

For a will to be valid, it must usually be in writing, signed by you at the end and on every page, and signed in front of two competent witnesses who are both present at the same time. A witness must be at least 14 years old and able to give evidence in court. The witnesses also sign every page. A person who signs as a witness, or their spouse, can lose the right to inherit under that will, so choose witnesses who get nothing from it.

If you die without a valid will, the Intestate Succession Act decides who inherits, not you. That can mean a partner you were not married to gets nothing, or that your children's inheritance is paid into a government fund until they turn 18. A will lets you choose. If a will has a small mistake in how it was signed, a High Court can sometimes still accept it, but that takes time and money that your family may not have.

Signs to notice

• You have children under 18 and have not named who you would want to care for them.
• You live with a partner you are not legally married to.
• You own a house, a car, a business, a pension, a funeral policy or savings.
• You support extended family, such as parents or siblings, and they depend on you.
• Your last will was made before a marriage, divorce, new baby or big move.
• You are not sure where your will is, or whether anyone knows it exists.

30-second self-check

Answer yes or no to each question.

• Do you have no will at all, or one older than five years?
• Would someone depend on your income if you died tomorrow?
• Do you have children under 18?
• Are you living with a partner but not married?
• Have you married, divorced or had a child since your will was signed?
• Does no one close to you know where your will is kept?

0-1 yes: You are in a good place. Diarise a review every few years or after any big life change.
2-3 yes: It is worth making or updating your will in the next month, while things are calm.
4 or more yes: Your family could face real hardship without a clear will. Make this a priority this week.

What you can do next

• Today: List what you own, what you owe, and the people who depend on you. Note any policies and their beneficiaries.
• This week: Decide who you want to inherit, who should be executor, and who you would want as guardian for any minor children. Ask them if they are willing.
• This month: Have your will drawn up and signed correctly with two independent witnesses. Keep the original somewhere safe and tell your executor where it is.
• Many banks and some attorneys draft simple wills at low or no cost, but they may ask to be named as executor, which carries a fee later. Ask about fees before you agree.
• If you are divorced, update your will. The law gives only limited protection if you die soon after a divorce with an old will in place.
• If you leave money to minor children, a testamentary trust in your will can stop it going into the Guardian's Fund.

Your tool

Estate Planning Readiness - a short check that shows which parts of your estate plan are in place and which need attention, with a list of what to take to your meeting.

When to get professional help

A simple will for a simple estate can be straightforward. Get help if you own property or a business, have children from more than one relationship, live across countries, have a customary or religious marriage with specific rules, or want to set up a trust. Poorly worded wills cause family conflict, so a short consultation is often worth it.
Who can help: attorney_estates, fiduciary_estate, financial_planner_fsca, legal_aid_sa

Getting help in South Africa

An attorney who works in wills and estates can draft and store your will. You can check that an attorney is registered with the Legal Practice Council at lpc.org.za. Fiduciary practitioners, often linked to banks and trust companies, also draft wills. Legal Aid South Africa (legal-aid.co.za) and university law clinics may help people who qualify with basic will questions. After a death, wills are lodged with the Master of the High Court, so keeping the original safe and findable really matters.