Only about 30% of South Africans have a valid will. If you die without one, the Intestate Succession Act decides who gets your assets, and it might not be who you would choose. Writing a will is simpler and cheaper than most people think.
Legal Requirements for a Valid Will in SA
Under the Wills Act 7 of 1953, a will must meet these requirements to be valid:
- It must be in writing (handwritten or typed)
- You must be 16 years or older
- You must be of sound mind
- You must sign at the bottom of the last page and on every other page
- Two competent witnesses (14 years or older) must sign in your presence and in each other’s presence
- Witnesses cannot be beneficiaries or married to beneficiaries
What to Include in Your Will
- Your full name and ID number
- Executor: Who will manage your estate (can be a person or company like a bank)
- Beneficiaries: Who inherits what, be as specific as possible
- Guardian for minor children: Who will look after your kids if both parents pass away
- Specific bequests: Individual items (car, jewellery, property) and who gets them
- Residue: What happens to everything not specifically mentioned
- Funeral wishes: Optional but helpful for your family
Where to Get a Will Drafted
| Option | Cost | Best For |
|---|---|---|
| Free will at a bank (FNB, Capitec, Standard Bank) | Free (they become executor) | Simple estates |
| Attorney | R1,000 to R5,000 | Complex estates, blended families |
| Write your own | Free | Very simple estates (risky if done incorrectly) |
| Online services (e.g., Law for All) | R500 to R1,500 | Middle ground |
Free will tip: Most major banks offer free will drafting. The trade-off is that they appoint themselves as executor, which means they charge executor fees (usually 3.5% of the estate plus VAT). For small to medium estates, this is often still the cheapest option.
What Happens If You Die Without a Will
The Intestate Succession Act determines who inherits:
- Married with children: Spouse gets R250,000 or a child’s share (whichever is greater), remainder split between children
- Married without children: Spouse inherits everything
- Unmarried with children: Children inherit everything equally
- No spouse or children: Parents, then siblings, then extended family
Important: If you are in a customary marriage or living together but not married, the rules are different and often leave partners unprotected. This is one of the biggest reasons to have a will.
Common Mistakes to Avoid
- Not updating your will after major life events (marriage, divorce, birth of children)
- Naming a beneficiary as a witness (invalidates their inheritance)
- Not signing every page
- Keeping the will in a place nobody knows about
- Not naming a backup executor in case your first choice cannot serve