Drafting a will is often treated as a once-off task, something to tick off the list and forget about. In reality, a will is a living document.
It should grow and change alongside your life. Marriage, divorce, the birth of a child, the loss of a spouse, or even something as practical as buying a house can all affect whether your will still reflects your true wishes. An outdated will can lead to confusion, disputes, and outcomes you never intended for the people you care about most.
At Hammond Pole Attorneys, we help clients not only draft valid, legally sound wills, but also review and update them as life moves forward. Below, we look at why regular updates matter and the key life events that should prompt you to revisit your will.
Why an outdated will is a real risk
A will that no longer reflects your current circumstances can create serious complications for your loved ones. Common problems include:
- Assets left to a person you are no longer married to, or no longer wish to benefit
- No provision made for children born after the will was signed
- An executor or guardian named who has since passed away, emigrated, or is no longer suitable
- Property or assets mentioned in the will that you no longer own or newly acquired assets left out entirely
- Ambiguous or outdated clauses that no longer align with current legislation
Under South African law, a valid will must comply with the formal requirements set out in the Wills Act 7 of 1953 including being in writing, signed by the testator, and properly witnessed. Even a well-drafted, technically valid will can fail to serve its purpose if it hasn't kept pace with your life.
Key life events that should trigger a will review
1 Buying a house or other property
A new property is often one of the most significant assets a person will own. If your will doesn't specifically address how this asset should be dealt with, particularly where there's a bond, a co-owner, or a trust involved it can create unnecessary uncertainty for your heirs and executor. It's also worth reviewing how the property fits within your matrimonial property regime, especially if you're married in community of property or out of community of property with the accrual system.
2 Getting married
Marriage changes your legal position significantly, and any will drafted before your marriage is unlikely to reflect your new circumstances. Your choice of matrimonial property regime such as in community of property, out of community with accrual, or out of community without accrual, has a direct impact on how your estate will be treated and what your spouse is entitled to.
It's important to note that, unlike in some other jurisdictions, marriage in South Africa does not automatically revoke an earlier will. This means an outdated will naming a previous partner, or failing to provide for a new spouse, will remain legally valid unless it is updated.
3 Getting divorced
Divorce is one of the most common reasons a will urgently needs updating. South African law does provide some protection here: under the Wills Act, a bequest to a former spouse is deemed revoked if that spouse dies within three months of the divorce being finalised, unless the will states otherwise. However, this is a narrow, time-limited protection and it is not a substitute for updating your will.
Beyond bequests to a former spouse, divorce often changes who you want as your executor, guardian for your children, or beneficiary of specific assets. A prompt review avoids relying on default legal protections that may not cover every scenario.
4 The death of a spouse
Losing a spouse is an emotionally difficult time, but it also has direct legal consequences for your own will. If your spouse was named as your primary beneficiary, executor, or guardian for your children, your will may need to be restructured to reflect new intentions, particularly around who should inherit, who should manage your estate, and how any inheritance from your late spouse's estate should itself be provided for.
5 Having a baby (or growing your family)
The arrival of a child, whether your first or an addition to your family is one of the most important reasons to review or draft a will. Without a valid will, decisions about who should care for minor children (guardianship) and how their inheritance should be managed until they come of age are left to the default provisions of intestate succession and the Master of the High Court, rather than to your own wishes.
A properly drafted will can nominate a guardian, establish a testamentary trust to manage a minor's inheritance responsibly, and ensure that all of your children including those born after an earlier will was signed are properly provided for.
A General Rule of Thumb
Even without a major life event, it's good practice to review your will every three to five years to confirm that it still reflects your circumstances, your relationships, and your assets. Life changes gradually as well as suddenly, and a periodic review helps catch anything that may have shifted without a single obvious trigger.
How Hammond Pole can help
At Hammond Pole Attorneys, we guide clients through every stage of estate planning not just the initial drafting of a will, but the ongoing reviews that keep it relevant and legally sound. Our team can assist with:
- Drafting a new will or reviewing an existing one for validity and relevance
- Updating your will following marriage, divorce, the birth of a child, or the death of a spouse
- Aligning your will with property purchases, business interests, or changes to your matrimonial property regime
- Establishing testamentary trusts to protect minor children's inheritances
- Advising on executor and guardian appointments
A will is one of the most important documents you will ever sign but its value depends on it staying current. If it's been some time since you last reviewed yours, or if you've recently experienced any of the life events above, now is the right time to have it looked at. Contact Hammond Pole Attorneys today to schedule a review of your will, or to begin drafting one for the first time. Our team is ready to help you protect what matters most, at every stage of life.