A will is one of the most important, and most misunderstood legal documents you'll ever sign. Whether you're drafting one for the first time or wondering if yours still holds up, here are ten things every South African should know.
Die without a valid will and your estate is distributed according to the Intestate Succession Act, not your personal wishes. The rules are fixed and don't account for blended families, unmarried partners, or informal arrangements.
Anyone 16 or older, of sound mind, can make a valid will in South Africa. There's no upper age limit, capacity is what matters, not age.
A valid will must be in writing, signed by the testator, and witnessed by two competent witnesses aged 14 or older who aren't beneficiaries. Get the formalities wrong and the whole document, or a crucial part of it, can be declared invalid.
Retirement funds, pension payouts, and life insurance policies with nominated beneficiaries generally fall outside your estate and are paid according to those nominations, regardless of what your will says. It's worth checking these nominations line up with your overall intentions.
A surviving spouse or dependent child may have a maintenance claim against your estate, even if your will says otherwise. We'd recommend verifying the current position with an attorney, since maintenance claims can sit outside, and override, the strict wording of a will.
If you don't nominate an executor, the Master of the High Court will appoint one, and may require a costly security bond before they can act. Naming your own executor avoids unnecessary delay and expense.
If you have minor children, your will is where you nominate a guardian. Without one, the decision falls to family, the courts, and the Family Advocate, a process that's slower and less certain than choosing for yourself.
Crossing out a clause or scribbling a change in the margin is risky—informal edits can invalidate the section, or the whole will, if they don't meet the same legal formalities as the original document. Rather have changes formally drafted, whether as a codicil or a full redraft.
A photocopy or scanned PDF isn't enough if the signed original can't be found. Store the original somewhere safe and make sure your executor or a trusted family member knows exactly where it is.
Estate duty, executor's fees, and administration costs can all erode the value of an estate. A properly structured will, drafted with professional advice, can help manage these costs and make the process smoother for the people you leave behind.
Your will doesn't have to be complicated, but it does have to be right.
If any of the above raises a question about your own will or you don't have one yet, Hammond Pole Attorneys is here to help.
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