Draw up a will so you can have it done your way 

This week is National Wills Week, during which you can get your will drawn up for free. Visit the website of the Law Society of South Africa for a list of participating attorneys. 

Your will sets out how your assets will be distributed after your death, and reduces the chances that your dependants will end up in arguments over who gets what. If you do die without a will, your assets get distributed according to the Act of Intestate Succession. This means your assets could well end up going to someone you had not intended them for. 

For example, when you get divorced, you have a grace period of three months to update the beneficiaries in your will and on your life insurance policies. If more than three months have passed, and you have not done this, the assumption is that you intended for your former spouse to benefit from your estate. 

“There is the potential for conflict if you have not clearly stated who is to inherit your family home or other items that may be of monetary or sentimental value to you. A will is more than a legal document – it is a roadmap that helps your loved ones avoid conflict and confusion, and it protects your legacy,” says Amrith Bishoon, executive manager at Sanlam Legacy. 

The 2024 Sanlam Legacy Survey shows that 48% of respondents felt driven to draft one to avoid family disputes; while 45% were motivated by the fact that they have children. Your will gives you the opportunity to nominate legal guardians for your minor children so that they are raised by someone who shares your values and already has a bond with them. 

Bishoon cautions that without a will, you have no say in who will look after your children when you’re gone, or how they will be raised – the Master of the High Court makes this decision. The lack of a will would also leave their potential inheritance unprotected, for example, in the event that their surviving parent remarries. 

Your checklist for creating a valid will 

• Your will must be signed and initialed on every page by two adult witnesses, who are not beneficiaries in any way. 


• Professional Provident Society Fiduciary Services recommends that you state everything you own, from property and investments to bank accounts and personal possessions. In this day and age of technology, remember to leave a record of passwords that your loved ones or your financial planner may need to access certain information or accounts. 


• There must be an explicit declaration that this is your last will and testament, and the date is crucial. A will with a later date will supersede an older one. 


• Bishoon points out that 21% of people who do have wills do not store them with an institution. “If you have your will at home, it’s critical to keep it somewhere safe, and ensure your family knows where it is so they can access it easily if something happens to you. Think of Aretha Franklin. When she died in August 2018, her family thought she had no will, only for several handwritten wills to be uncovered – one reportedly under a couch cushion. This caused serious conflict and her estate is yet to be settled, more than five years later,” he cautions. 


• Your will can even specify details such as how you want your debts and taxes to be paid, and whether you would prefer to be cremated or buried, says Stian de Witt, executive head of financial planning at advisory firm NMG Benefits.