Practice Area

Wills & Testamentary
Planning

A valid, well-drafted will is one of the most important legal documents you will ever sign. I assist clients with the drafting and review of wills to ensure that their estate is distributed according to their wishes, in compliance with South African law, and with minimum difficulty for those left behind.

Discuss Your Will

Phone

087 702 2213

legal@attorneyscapetown.co.za

Services

Will Drafting
Will Review & Update
Codicils
Executor Appointments

Overview

Protecting your wishes
with a valid will

Many South Africans do not have a valid will, or have a will that no longer reflects their current circumstances or wishes. Dying without a will, or with a defective will, means that your estate may not be distributed as you intended, and the process of winding up your estate can be significantly more complicated and costly for those you leave behind.

A properly drafted will gives you control over what happens to your assets after your death. It allows you to provide for your spouse, children, and others you wish to benefit, to appoint a trusted executor to administer your estate, and to make specific bequests of assets that matter to you.

I assist clients with the drafting of new wills, the review and updating of existing wills, and the preparation of codicils where minor amendments are required. My approach is to understand each client's personal and financial circumstances, explain the options available, and draft a will that is clear, legally valid, and properly reflects their intentions.

Did you know?

More than half of South African adults do not have a valid will. If you die without one, the Intestate Succession Act determines how your estate is distributed, which may bear no relation to your actual wishes.

When to update your will

Marriage, divorce, the birth of children, the death of a beneficiary, a significant change in assets, or simply the passage of time are all good reasons to review and update your will.

Legal Requirements

Requirements for a valid will

In Writing

A will must be in writing. It may be handwritten or typed. An oral or verbal will is not valid under South African law.

Signed by the Testator

The testator must sign the will at the end and on every page. If the testator cannot sign, they may instruct another person to sign on their behalf in their presence.

Two Competent Witnesses

The will must be signed in the presence of two competent witnesses, who must both be present at the same time. Witnesses must be 14 years or older and of sound mind.

Witnesses Must Sign

Both witnesses must sign the will in the presence of the testator and in the presence of each other. Witnesses should not be beneficiaries or spouses of beneficiaries.

Testamentary Capacity

The testator must be 16 years or older and of sound mind at the time of signing. A will signed when the testator lacked capacity may be challenged and set aside.

Free from Undue Influence

The will must reflect the free and voluntary wishes of the testator. A will procured by fraud, duress, or undue influence may be set aside by a court on application.

What I Handle

Wills services

Will Drafting

I draft wills for clients of all circumstances, from straightforward single-asset estates to more complex arrangements involving multiple properties, business interests, and minor children. I take time to understand each client's wishes and ensure the will is clear, legally valid, and properly executed.

Will Review & Update

Existing wills should be reviewed regularly and updated whenever circumstances change. I review existing wills to identify any deficiencies, outdated provisions, or formal defects, and advise on whether a new will or a codicil is the appropriate remedy.

Codicils

Where a minor amendment to an existing will is required, a codicil is a cost-effective alternative to executing an entirely new will. I draft codicils that comply with all formal requirements and integrate properly with the original will.

Executor & Guardian Appointments

Advising on the appointment of executors to administer your estate and guardians for minor children. The choice of executor and guardian are important decisions and I assist clients in thinking through the practical implications and making the appointments that best serve their estate and their family.

Common Questions

Wills explained

What happens if I die without a will in South Africa?

If you die without a valid will, you die intestate and your estate is distributed according to the Intestate Succession Act 81 of 1987. This may not reflect your wishes. The Act provides a fixed formula for distribution among spouses and descendants, and does not make provision for unmarried partners, stepchildren, or others you may wish to benefit.

What are the formal requirements for a valid will in South Africa?

Under the Wills Act 7 of 1953, a valid will must be in writing, signed by the testator at the end of the will and on each page, and witnessed by two competent witnesses who are both present when the testator signs. Beneficiaries should not act as witnesses. A will that does not comply with these requirements may be invalid.

Can I change my will after it has been signed?

Yes. A will can be changed at any time while you have testamentary capacity. Minor changes can be made by way of a codicil, which is a separate document that amends specific provisions of the original will and must comply with the same formal requirements. For significant changes, it is generally better to revoke the existing will and execute a new one.

Who should I appoint as executor of my will?

The executor is responsible for administering your estate after your death, including identifying and valuing assets, paying debts and taxes, and distributing the estate to beneficiaries. You can appoint any person of full legal capacity as executor, including a family member, friend, or professional. It is advisable to appoint someone who is trustworthy, organised, and capable of managing the administrative demands of the role.

How often should I update my will?

You should review your will whenever there is a significant change in your personal or financial circumstances, including marriage, divorce, the birth of children or grandchildren, the death of a beneficiary or executor, a significant change in your assets, or a change in your wishes. As a general rule, a review every three to five years is advisable even without a specific trigger.

Ready to draft or update your will?
Get in touch today.