Why Every South African Needs a Will in 2025: Estate Planning Essentials

More than 85% of South Africans pass away without a will, leaving families to navigate the rigid rules of the Intestate Succession Act 81 of 1987. A properly drafted will protects your loved ones, speeds up estate administration, and reflects your personal wishes. Use this 2025 checklist to create, store, and refresh a valid will that stands up in the Master’s Office.

📝 Quick win: Drafting a simple will now is far cheaper than the litigation, delays, and tax headaches caused by dying intestate.

What Happens When You Die Without a Will?

• The Intestate Succession Act decides who inherits. Spouses and biological or legally adopted children share the estate in set portions.
• Unmarried partners and stepchildren often receive nothing unless you planned in advance.
• Guardianship for minor children defaults to surviving parents or next of kin, which may conflict with your wishes.
• Family disputes escalate as relatives scramble for control of property, vehicles, or business interests.
• The estate may freeze while the Master appoints an executor, delaying access to funds for household expenses.

Requirements for a Valid Will in South Africa

To be enforceable, a South African will must meet the Wills Act 7 of 1953 requirements:

1. In writing: Handwritten, typed, or printed documents qualify.
2. Signature: The testator signs at the end in the presence of two competent witnesses.
3. Witnesses: Two witnesses (age 14 or older) sign in each other’s presence. Beneficiaries and their spouses should not witness to avoid disqualification.
4. Initialling: Best practice is to initial each page, especially if typed, to confirm no alterations.
5. Amendments: Use a codicil with the same formalities for changes; avoid manual edits after signing.

📄 Pro Tip: Sign two identical originals and store them separately—one with your executor, another in a fireproof safe or bank vault.

Keep Your Will Updated After Life Changes

Review your will every 12–18 months or immediately after major events:

• Marriage, divorce, or permanent separation.
• Birth or adoption of children.
• Purchasing or selling major assets like property, vehicles, or businesses.
• Immigration, emigration, or acquiring foreign assets.
• Starting a trust or receiving an inheritance.

Update beneficiary details, executor appointments, and guardianship instructions. If you divorce, remember that ex-spouses remain beneficiaries for up to three months unless you change the will.

Protect the Original Will and Supporting Documents

• The Master of the High Court only accepts the original signed will. Copies require a costly High Court application to validate.
• Store the document in a moisture-free, fire-resistant place. Inform your executor and close family where it is kept.
• Attach supporting documents: marriage certificate, ante-nuptial contract, trust deeds, insurance schedules, and asset register.
• Keep a digital inventory with passwords stored securely for your executor.

Plan for Estate Liquidity and Taxes

More than 30% of estates lack sufficient cash to cover liabilities. Avoid forced asset sales by planning ahead:

• Take out life cover or funeral policies that pay into the estate or directly to beneficiaries.
• Maintain an updated list of debts, including mortgage balances, vehicle finance, and personal loans.
• Provide instructions for business succession and key-person insurance if you own a company.
• Discuss executor fees (typically 3.5% plus VAT) and set aside funds to cover them.
• Review capital gains tax and estate duty implications on property, investments, and retirement savings.

Frequently Asked Questions

Can I write my will at home without a lawyer?

Yes, as long as you follow the Wills Act formalities. However, legal advice prevents technical mistakes and ensures tax efficiency.

What if I have assets in another country?

Consider a separate will compliant with that country’s laws. Coordinate clauses to avoid revoking your South African will.

Who should be my executor?

Choose a trustworthy individual or professional with financial literacy. Banks and attorneys can serve, but negotiate fees upfront.

How do I care for minor children?

Nominate guardians in your will and consider setting up a testamentary trust to manage inheritances until children reach a specified age.

Estate Planning To-Do List for 2025

• Draft or update your will using current addresses, ID numbers, and asset details.
• Sign in duplicate and notify witnesses of their role.
• Prepare a “love letter” with funeral wishes, digital logins, and personal messages.
• Schedule annual reviews—add reminders to your calendar or insurance renewal cycle.
• Share your plan with trusted family members to prevent disputes.

References

1. Wills Act 7 of 1953 (as amended).
2. Intestate Succession Act 81 of 1987.
3. Master of the High Court, “Estate Administration Guidelines,” 2024.
4. Financial Sector Conduct Authority, “Estate Planning and Consumer Protection,” 2024.
5. Fiduciary Institute of Southern Africa, Estate Planning Survey 2024.