Lelané Bezuidenhout | CEO | Financial Planning Institute of Southern Africa (FPI) | mail me |
National Wills Week may have ended on 18 September 2026, but the questions it raises remain relevant long after the campaign. A will is one of those tasks that many people intend to get around to “one day”. Yet, when that day comes, clear instructions can make an enormous difference to those left behind.
You do not have to be wealthy, retired or a homeowner to need a will. You also do not necessarily need an attorney to draft one. The key is understanding what you want to achieve and ensuring that your will records those wishes clearly and meets the legal requirements.
Here are some of the most common misconceptions about wills, along with the estate planning basics worth knowing.
“I do not have enough assets to need a will”.
You do not need to own a house or have a large investment portfolio to make a will. Savings, a vehicle and personal belongings may still matter greatly to the people you leave behind.
A will records who should receive the assets available for distribution. This happens after the estate settles debts and other obligations. Even a modest estate deserves clear instructions. The value of a will therefore extends beyond the size of your bank balance. It gives you an opportunity to state your wishes instead of leaving others to navigate uncertainty after your death.
“I am married, so my spouse automatically gets everything”.
Not necessarily. Without a valid will, the rules of intestate succession determine who inherits. A surviving spouse may have to share the inheritance with children or other descendants, depending on the circumstances.
Your marital property system also matters. For example, a surviving spouse’s own share of a joint estate differs from an inheritance. Therefore, marriage does not replace the need for a will.
This is one reason why understanding the estate planning basics matters even when you are married. Your marital status alone does not determine what happens to everything you leave behind.
“I am too young to make a will”.
Sixteen may seem surprisingly young to start thinking about a will. However, the law allows it. Under section 4 of the Wills Act 7 of 1953, a person aged 16 or older may make a will. The person must also have the mental capacity to understand the nature and effect of doing so.
You do not have to wait until you are 18, married or retired. Life circumstances can change quickly, and having a legally effective will can help ensure that your wishes are recorded.
“Only an attorney can draft my will”.
This is incorrect. The Wills Act does not require an attorney to draft your will. You may draft it yourself, provided it complies with the law. Our law also recognises assistance from providers other than attorneys. These include banks, trust companies and appropriately qualified individuals.
Professional help can still be valuable, particularly when family or financial circumstances become complicated. A suitably experienced CFP® professional can assist with drafting or reviewing a will within their competence. They can also involve a specialist where necessary.
The distinction is important. Professional assistance may be advisable, but an attorney is not a legal prerequisite.
“I have to pay legal fees to make a valid will”.
You can make a valid will without paying legal fees. The Wills Act does not impose a compulsory legal drafting or signing fee.
Legal Aid South Africa provides a free basic will template. Participating attorneys also offer free basic wills during National Wills Week. However, free does not necessarily mean that every professional service connected to your estate will cost nothing. Providers may charge for drafting, advice, amendments or storage. Ask about the terms before accepting a service.
It is also important to distinguish between making and signing a will and administering an estate after death. A free will does not mean a cost-free estate. Executor’s remuneration, administration expenses and taxes may still arise.
Ask whether a free service has conditions linked to executor nomination. The law does not require you to nominate the person or institution that drafted your will.
Understanding those distinctions is another practical part of the estate planning basics. Knowing what is free, what may cost money and what happens after death can prevent unpleasant surprises later.
“Writing down my wishes is enough”.
Writing down what you want is only part of the process. How you sign the will also matters.
For a straightforward written will that you sign yourself, the basic signing procedure is:
- Sign at the end of the will in the presence of at least two competent witnesses who are present together.
- Have the witnesses sign the will in your presence and in each other’s presence.
- Sign each other page if the will has more than one page. The Act does not require the witnesses to sign every page.
The Act also allows you to acknowledge an existing signature before the witnesses. Extra formalities apply if you sign with a mark or someone signs on your behalf. These include certification by a commissioner of oaths.
Obtain assistance with those requirements. A downloaded template does not automatically constitute a valid will. A will should therefore be treated as a legal document, not simply as a note explaining what you would like to happen. The estate planning basics include both the substance of your wishes and the formalities required to give those wishes legal effect.
“Anyone can witness my will without consequences”.
Choosing witnesses might seem like a minor detail. It is not. A witness must be at least 14 years old and competent to give evidence in court. For safety, use independent witnesses. They should not be beneficiaries, nominated executors, trustees or guardians, or their spouses.
Section 4A can disqualify a witness and their spouse from benefiting under the will. Similar risks apply to someone who writes out your will in their own handwriting or signs on your behalf.
There are exceptions, but it is better not to depend on them. A beneficiary witnessing a will does not, by itself, invalidate the entire will. When in doubt, choose independent witnesses and avoid creating unnecessary complications around the people who stand to benefit from your will.
“My will decides who receives every payout when I die”.
A will is important, but it does not control every benefit payable after your death. Not all benefits pass through your estate. Life-policy proceeds payable to a validly nominated beneficiary generally go directly to that beneficiary. They therefore do not get distributed under your will.
Retirement-fund death benefits subject to section 37C of the Pension Funds Act are generally allocated by the fund’s trustees under the statutory rules. Your will does not override those rules. A beneficiary nomination also does not automatically bind the trustees.
For this reason, review your will and beneficiary nominations together. Your estate plan should account for the different rules that apply to different assets and benefits.
“Once my will is signed, I can forget about it”.
A signed will is not necessarily a finished job for life. Review your will after marriage, divorce, the birth of a child, a death in the family or a significant change in your finances. Divorce deserves particular attention. Do not assume that it permanently removes your former spouse from your will.
Section 2B contains a limited three-month rule. If you die within that period, a pre-divorce will generally operates as though your former spouse died before the divorce, unless the will indicates otherwise.
After three months, an unchanged bequest to your former spouse may take effect. Changes and additions also have signing formalities. Do not simply cross out a name or add a handwritten instruction and assume the change is valid. Life changes. Your will should change when necessary to reflect those changes.
“A will is only about who gets my belongings”.
A will is about more than deciding who receives your possessions. It forms part of a wider financial plan.
You can nominate an executor and make arrangements for how a minor child’s inheritance should be managed. Separately, consider whether there will be enough money to settle estate costs. You should also consider how to support dependants while the estate is being administered.
A CERTIFIED FINANCIAL PLANNER® professional can help you consider these issues together. This approach avoids treating your will, insurance, retirement savings and family needs as unrelated matters.
That broader perspective is at the heart of effective estate planning basics. A will should fit into the wider picture of your financial and family circumstances.
So, do I really need a will?
The question is perhaps simpler than many people think.
Ask yourself: “Would the people I leave behind know what I wanted, and have I recorded it in a legally effective way?” If the answer is no, it may be time to address it. Do not let the belief that you must hire an attorney, or pay legal fees, stop you from making a will. Equally, do not confuse an inexpensive will with one that needs no care.
Choose an approach suited to your circumstances. Follow the formalities, keep the signed original safe and tell someone you trust where to find it.
Most importantly, do not wait for a major life event before learning the estate planning basics. Understanding the rules now can help you make informed decisions about what you want to happen when you are no longer here to make them yourself.
