By Elize Louw – Head of Estate Administration 

Updated 30 Sept 2025

When drafting your last will and testament in South Africa, remember this is the final contract of your life. Once signed and executed, no changes can be made after your death. A properly drafted will is essential to protect your loved ones, preserve your legacy, and prevent unnecessary disputes.

Without a valid will, your estate could face unintended consequences, financial losses, and emotional distress for your heirs.

The Hidden Risks of DIY Wills

Using free templates or stationery store kits may seem cost-effective, but they often fail to meet the requirements of the Wills Act 7 of 1953. Generic templates overlook critical factors such as:

• Matrimonial property regimes in South Africa
• Taxability of the estate
• Complex or blended family dynamics
• Business interests or offshore assets

A poorly drafted will may be deemed invalid, create legal ambiguities, or trigger costly disputes. Working with a professional ensures your will complies with the law and reflects your personal circumstances.

Why Professional Drafting Matters

Professional advisors help you:

• Comply with the Wills Act 7 of 1953
• Appoint a neutral, competent executor
• Minimise conflict of interest and family disputes
• Protect your heirs through clauses on guardianship, trusts, and asset distribution

Common Mistakes to Avoid in a South African Will

Many people unintentionally include provisions that should not appear in a will. These errors can cause delays, disputes, and litigation. Here are things you should never include in your will:

1. Funeral instructions – The will is usually read after the funeral. Share these wishes separately in a living will or directly with your family.
2. Trust assets – Assets already transferred into a trust are not part of your estate. Instead, nominate replacement trustees in your will.
3. Life insurance proceeds with beneficiaries – Paid directly to the nominated beneficiary, although estate duty applies.
4. Retirement funds (pension, provident, preservation, RA) – Governed by Section 37C of the Pension Funds Act. Trustees allocate benefits; do not include them in your will.
5. Assets in joint estates – Be cautious if married in community of property. You cannot bequeath what you don’t fully own.
6. Conditional bequests – Unlawful or unreasonable conditions (e.g., requiring marriage or religious conversion) may be declared invalid.
7. Digital assets – Social media, crypto, or cloud accounts operate under their own service agreements. Use digital legacy tools instead.
8. Personal grievances or disputes – Keep your will clear and objective to avoid inflaming tensions.

The Importance of Executors and Guardians

Appointing a skilled executor and nominating clear guardians for minor children provides certainty and protection. A testamentary trust, if needed, must be carefully structured under the Trust Property Control Act to fund and safeguard the care of children.

Witness Requirements for a Valid Will in South Africa

The Wills Act 7 of 1953 sets strict rules for witnesses:

• Must be over 16 years old
• Must be present when you sign the will
• Cannot be beneficiaries, or they forfeit their inheritance

Failure to comply can render your will null and void, leaving your estate to be wound up under the Intestate Succession Act instead.

Conclusion: Protect Your Legacy with a Valid Will

Your will is one of the most important legal documents you will ever sign. It ensures your assets are distributed according to your wishes and your loved ones are taken care of. Avoid DIY pitfalls and seek professional guidance to draft a valid, enforceable will that complies with South African law.

Don’t leave your family’s future to chance. Contact our experienced estate planning team today to draft or review your last will and testament. Secure peace of mind knowing your legacy is protected.