Nobody wants to think about it, which is why so many people die without a will. Their families then deal with delays, disputes and rules they did not choose.
A will is a simple document that fixes that. Here is how to write a will that is valid.
What are the 6 rules for a valid will?
Under the Wills Act 7 of 1953, the basics are:
- In writing, typed or handwritten.
- Signed at the end by you, or by someone else in your presence and on your instruction.
- Two or more competent witnesses who are present at the same time when you sign, and who then sign too.
- Every page signed if the will has more than one page.
- You must be 16 or older and of sound mind.
- Witnesses should not benefit. A witness, or a witness’s spouse, who is named as a beneficiary may lose the benefit.
A competent witness is a person of 14 or older who is capable of giving evidence in court. Rules differ for unusual situations, such as a will signed by a mark, or an electronic will. Get advice if yours is unusual.
What should you include?
| Item | Why it matters |
|---|---|
| Executor | The person or firm who winds up your estate |
| Beneficiaries | Who receives what |
| Guardian for minor children | Who will care for them |
| Contingencies | What happens if a beneficiary dies before you |
| Specific gifts | Items you want to go to certain people |
| Funeral wishes | Optional but helpful |
List what you own: property, savings, policies, vehicles and valuables. See funeral cover for policies that pay out directly to beneficiaries.
What happens if you do not write a will?
The Intestate Succession Act decides who inherits, in a set order, which may not match what you wanted. Cohabiting partners and stepchildren may not be covered. The process can take longer and cost more.
What are the common mistakes when you write a will?
- Not signing every page.
- Witnesses who are beneficiaries.
- Not naming an executor or guardian.
- Not updating after marriage, divorce, a new child or a property purchase.
- Keeping the will in a place no one can find.
- Handwritten changes after signing.
Do not change a signed will by writing on it. Make a new will or a formal amendment.
Where do you keep it?
In a safe place, such as with your attorney, in a fireproof box or lodged with the Master of the High Court. Tell your executor and a trusted person where it is. Keep a copy.
Who can help you write a will?
- An attorney, for complex estates, property and trusts.
- Banks and some non-profits offer low-cost will services.
- The Master’s office can explain the process.
If money is tight, ask about free or low-cost help from law clinics or Legal Aid South Africa.
How does a will fit with debt?
Debts are paid from your estate before beneficiaries inherit. Credit life insurance may settle some. See credit life insurance.
What does a simple will look like?
A will does not need legal language to be valid, but it helps to have a clear structure. This skeleton shows the parts. Adapt it, and have an attorney check it if your situation is complex.
- Your details. Your full name and ID number, and a statement that this is your last will.
- Revoke earlier wills. “I revoke all earlier wills and codicils.”
- Executor. Who will wind up your estate, and a back-up if they cannot.
- Guardian. Who will care for your minor children, and a back-up.
- Specific gifts. For example, “my watch to my brother”.
- The rest. Who receives everything else, in what shares.
- If a beneficiary dies first. Who takes their share.
- Signature and witnesses. Your signature at the end, the date and place, and two or more witnesses who sign in your presence.
Plain sentences are fine. The risk is not ugly wording, it is unclear instructions, so name people by full name and describe items clearly.
What happens with and without a will? A worked example
The Intestate Succession Act decides who inherits if there is no will. Here is a hypothetical estate of R400,000, with a spouse and two children, and no will. The figures follow the Act as currently stated, so check the current rules with an attorney.
| Heir | What the Act gives |
|---|---|
| Spouse | A child’s share, or R250,000, whichever is greater |
| Two children | The rest, shared equally |
A child’s share would be R133,333, so the spouse takes the greater amount, R250,000. The two children share the remaining R150,000, which is R75,000 each.
With a will, you could decide otherwise, for example by leaving everything to the spouse, or by setting up a trust for the children. The point is that without a will, the law decides, and it may not match your wishes.
What does an executor cost?
An executor’s fees are regulated by a tariff set under the Administration of Estates Act. In broad terms, the executor may charge up to 3.5% of the gross value of the estate, plus a share of income earned after death, plus VAT.
Here is a hypothetical example for the R400,000 estate above.
| Item | Amount |
|---|---|
| Maximum fee at 3.5% of R400,000 | R14,000 |
| VAT on the fee | R2,100 |
| Total, before other costs | R16,100 |
Some people name a family member as executor to save costs, but a family member may lack the time or skills. An attorney or a bank can act, and the fee is usually the maximum.
Ask for a written quote before you appoint anyone, and tell your family what you decided.
How can you complete a will this week?
Break it into small steps:
- List what you own: property, savings, policies, vehicles, valuables.
- Decide who gets what, and who your back-ups are.
- Choose an executor and a guardian, and ask them if they are willing.
- Write the will, using the skeleton above or a trusted service.
- Sign it in front of two witnesses, and make sure every page is signed.
- Store it safely, and tell your executor where it is.
A will costs little compared with the cost of leaving a family to untangle your wishes. See funeral cover for the policies that pay out on their own, and write a will when you can, not when you must.
When should you write a will?
The best time to write a will is now, and certainly before a major change: a marriage, a child, a property purchase or a serious illness.
Many people wait until they feel they have enough to leave, but even a small estate benefits from a clear plan.
If you have children, a will is the place to name a guardian. If you share a home, it is the place to protect your partner. A will costs little compared with the stress of an estate with no will.
If you have put it off, set a date this month and write a will that fits your situation today.
Frequently asked questions
Do I need an attorney to write a will?
Not always. A simple will can follow the rules above, but an attorney helps with complex estates and avoids mistakes.
How often should I update my will?
After any major life change, and every few years as a check.
Who is the executor?
The person or firm that collects your assets, pays your debts and distributes what remains, under the Master’s supervision.
Can a handwritten will be valid?
Yes, if it meets the signing and witness rules above.
Can I write a will on my phone?
Electronic wills are not simple, and the signing and witnessing rules apply. Use a paper will signed in front of witnesses unless an attorney advises otherwise.
Does my will cover my pension and policy payouts?
Some pay to named beneficiaries outside the will. Keep your nominations up to date, and ask each provider how its payout works.
One free 5-minute form is sent to NCR-registered lenders. Each lender decides for itself and shows you the full cost before you sign.
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