Estate Planning in South Africa: The Importance of Having a Will
- Yolandi Botes
- May 15
- 17 min read
In South Africa, many people put off writing a will or planning their estate, often thinking it's something to worry about later in life. However, proper estate planning is crucial for everyone, young or old, wealthy or not, to ensure your loved ones are taken care of and your wishes are respected when you are gone.
This article explains in simple terms what a will is and what estate planning involves, and why they are so important. We also discuss whether having a will is necessary under South African law, and highlight what could happen if you don’t have a will.
Finally, we introduce Snyman and Associates as a professional service provider that can assist you with wills and estate planning, and invite you to take action to secure your family’s future.
What Is a Will?
A will (also called a “Last Will and Testament”) is a legal document in which a person sets out how their belongings should be distributed after they pass away. In simple terms, it's a written record of your last wishes for your possessions.
Your will can name the people (or organizations) who should inherit your money, property, and personal items, these people are called your beneficiaries. The person writing the will is known in law as the testator (if male) or testatrix (if female), but we can just think of them as you, the individual making your wishes known.
Importantly, a will can do more than just divide money. For example, if you have children under 18, your will is where you can specify guardians to care for them if you (and the other parent) are no longer around. You can also use your will to name an executor, this is someone you trust to carry out the instructions in your will and handle the paperwork after your death.
Choosing your own executor (such as a family member, friend, or professional) is better than having an unknown person appointed by the courts to wind up your estate. To be legally valid, a will must meet a few requirements under South African law.
The Wills Act 7 of 1953 sets out these rules. In general, a will must be in writing (typed or handwritten) and signed by the person making the will at the end of the document in the presence of two witnesses. The two witnesses also sign the will to confirm they saw the testator sign. (The witnesses should be independent, for example, a witness shouldn’t be someone who is going to inherit from that will,
As long as these and a few other formalities are met, the will is valid. It’s a good idea to get professional help to draft your will to ensure it’s done correctly, but legally any person aged 16 or older who is of sound mind can make a will in South Africa.
In summary, a will is your voice after death, it tells everyone how to distribute your assets, who should care for your children, and who should settle your affairs. It’s a cornerstone of what we call estate planning, which we’ll explain next.
What Is Estate Planning and Why Does It Matter?
Estate planning is the process of getting all your affairs in order so that everything you own and owe will be handled in the way you want when you die. Your “estate” is basically all your assets (like your house, car, bank accounts, investments, personal valuables) minus your debts.
Estate planning usually includes writing a will, but it can also involve other legal and financial arrangements to make sure your loved ones are provided for and that the transfer of your assets is as smooth and beneficial as possible. In simple terms, estate planning is about making a plan for the future, your future and your family’s future.
It means crafting the documents and processes to be followed when you’re no longer here, to ensure your loved ones are taken care of according to your wishes. This can include setting up trusts (for example, a trust to hold money for your children until they are older), arranging life insurance or funeral policies, and planning for any taxes or costs that might apply to your estate.
The goal is to minimize complications and avoid leaving behind chaos or financial burdens.
Estate planning matters because anything can happen, and it’s important to be prepared. If you plan ahead for how your assets will be distributed when you pass away, you are taking significant steps toward securing the financial future of the people that matter most to you.
As one South African financial institution notes, “Wills and estate planning are vital for ensuring that your assets are distributed according to your wishes” and that your loved ones are protected when you’re gone. It’s not a pleasant thought, but planning now is an act of care for your family and friends later. A common misconception is that estate planning is only for the very wealthy or that it simply means writing a will.
In reality, a will is only one part of a comprehensive estate plan. Good estate planning also looks at things like: ensuring there’s enough liquidity (cash or insurance) in your estate to pay off any debts, unpaid taxes, or funeral costs so that your family isn’t saddled with those; considering estate duty (the tax on estates over a certain value) and how to minimize it legally; deciding how to structure ownership of assets (for instance, you might have a family trust); and keeping documents updated when life changes (like if you get married, divorced, or have a new child or grandchild).
If you don’t plan these things, your family could face financial uncertainty, for example, many estates in South Africa run into trouble because they don’t have enough cash to settle debts or taxes, causing delays and hardship for the heirs. Proper planning prevents those problems. Another reason estate planning is important is that it can prevent fighting and confusion among those you leave behind.
By clearly spelling out your wishes in a will and other documents, you reduce the chance of family members arguing over who should get what or how things should be handled. A well-written estate plan is a gift of peace of mind: it provides clarity, avoids legal battles, and ensures that your legacy, everything you’ve worked for, ends up in the right hands.
It’s worth noting that far too many people neglect this area.
According to Standard Bank, around 70% of working South Africans do not have a will in place. That’s a sobering statistic, considering the potential consequences. If you are one of those without a will, you’re certainly not alone, but it also means your family could be at risk of avoidable difficulties. In the next sections, we’ll explain what happens if you don’t have a will, and why having one is so crucial, especially under South African law.
Is Having a Will Necessary in South Africa? (What the Law Says)
Legally speaking, having a will is not “mandatory” in South Africa, there’s no law that says every person must draft a will. However, not having a will can have serious consequences. South African law provides a default method of distributing a person’s estate if they die without a will. This is known as intestate succession, governed by the Intestate Succession Act, 1987 (Act 81 of 1987).
Essentially, if you don’t have a valid will when you die, the government’s rules kick in and decide who inherits your property. Under the Intestate Succession Act, your estate will be divided among your closest surviving relatives according to a set formula. Typically, the inheritance goes first to your spouse and children.
For example, if you’re married with kids, your spouse is entitled to a minimum fixed amount from the estate (currently R250,000 by law, or a portion set by the Minister) and the rest is divided among your spouse and children in shares. If you have no surviving spouse or children, then your parents would inherit, or if your parents are also deceased, then your siblings would inherit, and if none of those, then more distant relatives (like cousins) are considered.
This chain continues to very distant family if necessary. In the rare case where no living relatives at all can be found, your estate would ultimately revert to the state (government). In other words, the government will take your property if you truly have no family beneficiaries according to the law. These intestate succession rules are meant to be fair and follow blood relationships, but they might not align with your personal wishes.
The law does not take into account any special friendships, unregistered partnerships, or promises you may have made. For instance, if you have a long-term life partner (but you’re not legally married), under the intestate law they may not inherit anything , until recently, life partners had no automatic right to inherit, and even with a recent legal development granting some protection to partners, it’s still much safer to have a will to provide for them.
If you wanted to leave something to a close friend or to a charity that’s dear to you, that will not happen without a will, the law will only give to family members in a set order. On the other hand, it’s possible that someone you never intended to benefit could inherit under the default law (for example, a relative you’re estranged from) if you don’t have a will specifying otherwise.
So, is a will necessary? From a legal enforcement perspective, you won’t get into trouble for not having one. But practically, yes, it is absolutely necessary if you want control over what happens to your estate. South African authorities strongly encourage everyone to have a will. The Department of Justice even runs awareness campaigns (like National Wills Week) emphasizing the importance of having a legally valid will and guiding citizens through the estate planning process.
In short, the law allows you to decide your heirs by making a will (anyone 16 or older can do so, and if you don’t exercise that choice, the law has a one-size-fits-all plan for your estate. That plan might work fine for some, but for many it can be problematic, as we’ll see next.
What Happens If You Die Without a Will? (Dying Intestate)
Dying without a will is called dying intestate. Unfortunately, the consequences of intestacy can be difficult for your family. Here are some key consequences of dying intestate in South Africa:
The law decides who gets what:
As explained, your estate will be distributed according to the Intestate Succession Act’s formula. You lose control over specific bequests. For example, you might have wanted to leave a particular asset (like a piece of jewelry or a car) to a specific person, but without a will, it just falls into the generic division among relatives. There’s no room for personal instructions in the law’s formula.
Unintended people may inherit (and intended people may be left out):
Intestate succession could result in someone you wanted to exclude from inheriting getting a share, simply because the law prioritizes that family relationship. Conversely, loved ones who aren’t close blood relatives could be left with nothing. If you’re in a long-term relationship but not married, your partner won’t automatically inherit under the intestate laws. Similarly, step-children or foster children whom you never formally adopted would not be recognized in the intestate distribution. The only way to provide for non-relatives or to exclude a particular relative is by having a will.
Family disputes and delays:
Without clear instructions from a will, complications and disputes can arise among your family members. Relatives might argue over what they believe you “would have wanted,” or fight about who should manage the estate. In fact, dying intestate often leads to increased legal expenses and prolonged legal battles among family members. This can fracture family relationships.
A grieving family might end up in court to resolve who inherits what, which is surely not what anyone would want. Also, the process of winding up an intestate estate can be slower, the Master of the High Court (the official who oversees deceased estates) must appoint an executor for you since you didn’t name one. Typically, a family member may apply, but if there’s disagreement or if the estate is complex, this can take time and may even require a lawyer’s help, incurring costs. All this can delay the heirs getting their inheritances.
Minor children’s inheritances are restricted:
If you have children under 18 and you die intestate (or even with a will but no trust set up for them), any money that goes to those minors will be held under the Guardian’s Fund managed by the Master of the High Court. The children will only get full access to those funds when they turn 18, and until then, a guardian has to apply to that fund for releases of money for the children’s needs.
With a will, you could instead set up a private testamentary trust or appoint a trusted guardian to manage assets for your kids, often with more flexibility. Also, without a will, you lose the chance to name a guardian of your preference for your minor kids, the court will decide on a guardian, which could be someone you might not have chosen.
Possibly higher costs and taxes:
Dying without an estate plan might mean your estate isn’t structured in a tax-efficient way. While this point is more about estate planning in general than just having a will, it’s worth noting. With no will, there’s no opportunity to include clauses or structures that could save on estate duty or capital gains tax on death. Your estate might end up paying more tax than necessary, which means less for your heirs. Additionally, if family members contest the distribution or if an outside attorney is appointed to sort things out, legal fees can eat into the estate.
Your estate could go to the government:
As mentioned, if you truly have no living relatives, or none can be found, the entire estate goes to the state’s Intestate Succession Fund (after debts). While this is an uncommon scenario, it’s worth mentioning, without a will, you have no say in leaving your assets to a friend or a charity of your choice if you have no family. Most people would rather see their hard-earned assets benefit someone or some cause they care about, rather than end up with the state by default.
In short, dying intestate often leads to outcomes that can be heartbreaking or messy. As one estate specialist put it, the intestate laws aim to be fair but “may not align with an individual’s wishes”. It can result in unintended disinheritance of people you care about, increased legal costs, and long delays or conflicts in settling the estate.
The bottom line is that having a will is the only way to ensure your specific wishes are carried out and to prevent these complications. By taking the time to draft a will, you save your family from uncertainty and potential feuds, and you keep control over your life's work and legacy.
If you haven’t written your will yet, it’s wise to make this a priority. Next, we’ll look at who should especially consider getting a will (hint: it’s pretty much everyone, including you!), and then we’ll tell you how professionals like Snyman and Associates can assist.
Who Should Have a Will (And When to Update It)
You might think, “Do I really need a will? I’m young” or “I don’t own that much”. The truth is, every adult who has any assets or dependents should have a will. It doesn’t matter if you’re just starting out in your career or enjoying retirement, if you care about what happens to your belongings and loved ones, a will is a must. Here are a few scenarios and why having a will (and a broader estate plan) is important in each:
Retirees:
If you are retired or an older adult, you likely have built up assets over your lifetime, such as a house, savings, maybe a paid-off car, or even a small business. You may also have children and grandchildren you’d like to provide for. A will ensures that your hard-earned assets go to the people (or causes) you choose. It also helps avoid conflicts among your children or heirs.
Sadly, it’s not uncommon for family members to squabble over inheritance when a parent dies without leaving clear instructions. By making a will, you can split things in the way you consider fair (you can even leave special messages or specific items to certain people). This can preserve family harmony and make the distribution process much smoother.
As a retiree, you should also ensure your will is up to date, for example, if your spouse has passed away or if new grandchildren have been born, you might want to update your will accordingly. (Experts recommend reviewing your will every few years or whenever a major life event happens.)
Young Professionals:
You’re never “too young” to need a will. If you’re a working adult, you probably have some assets, perhaps a car, some money in the bank, or even just sentimental possessions. More importantly, if you have a young family (a spouse or partner, and children) or plan to start one, estate planning is critical. Imagine if something unexpected happened, having a will means your family would be provided for according to your wishes.
For instance, you might want your spouse to get everything, or you might want to set aside funds for your children’s education. If you have life insurance or a pension fund through your job, those typically pay out to a beneficiary; you want to make sure those beneficiaries are correctly named and align with your will. Also, for new parents: appointing a guardian for your kids in your will is the best way to ensure they will be raised by someone you trust, rather than leaving that decision to the courts or chance.
Young people often think they have plenty of time to do a will later, but accidents and illnesses can happen at any age. Having a will is a safeguard, and you can always change it later as your situation evolves (in fact, you should update it when things change). Starting your working life with good financial habits should include planning for the unforeseen.
Small Business Owners:
If you own a business (even a small side business or you have a farm, etc.), a will and estate plan are absolutely essential. Your business is likely one of your most significant assets and might also be the source of income for your family or employees. You need to plan what will happen to that business if you are no longer around. Will it be sold, or will a family member take over? Who will inherit the shares or the ownership?
Without clear instructions, a business can quickly fall into disarray: co-owners or family might fight over control, or the business might even have to be liquidated to distribute assets. As part of estate planning, business owners often set up buy-and-sell agreements or succession plans to ensure continuity. Moreover, estate planning can protect your personal assets from business liabilities (and vice versa).
For example, with proper planning, you can arrange that your family isn’t personally stuck with business debts, or that your business isn’t forced to shut down to pay estate taxes. A will for a business owner might designate an executor with knowledge of the business, or even a professional executor, to make sure the enterprise is handled correctly.
It can also prevent a scenario where your surviving family, who may not be involved in the business, suddenly has to deal with it without guidance. In short, if you’re a business owner, think of your will as part of your business continuity plan.
Anyone with dependents or special circumstances:
In addition to the above categories, if you have any dependents who rely on you, be it elderly parents, a sibling with special needs, or any loved one you support, you should have a will that addresses their future. You might need to set up a trust or at least leave certain assets or insurance payouts to provide for them. People with blended families (like children from previous marriages) especially need wills to avoid confusion or unfair outcomes.
Also, if you have strong feelings about things like who should make medical decisions for you if you’re incapacitated (though that’s more an advance directive issue) or how you want your digital accounts handled, etc., these can be part of broader estate planning.
In summary, estate planning is for everyone, not just the rich or the elderly. Life is unpredictable. By having a will and a basic estate plan in place, you take care of the people you love even after you’re gone. And remember, a will is not a “set it and forget it” document, you should update your will whenever significant life events happen (marriage, divorce, having children, acquiring major assets, etc.).
For instance, under South African law, if you get divorced and don’t change your will, the law will assume for three months that you didn’t want your ex-spouse to inherit (treating the ex as if they died before you). But after three months, if you still haven’t updated the will, the ex-spouse could inherit as normal. This is a built-in grace period in the Wills Act. The lesson here is: always review your will promptly after life changes to ensure it still reflects your intentions.
Having a valid will gives you control and gives your family the gift of certainty. It’s one of the most important documents you will ever sign, it truly speaks for you when you cannot speak for yourself. Now that we’ve stressed why it’s so important, the next question is how to get it done. While it’s possible to write a will on your own, it’s highly recommended to seek professional assistance for peace of mind. That’s where experts like Snyman and Associates come in.
Professional Estate Planning Assistance – Snyman and Associates
Getting professional help can make the process of drafting a will and planning your estate much easier and more effective. Snyman and Associates is a South African firm that offers exactly this kind of assistance. Snyman and Associates is an established financial planning practice (under the license of Old Mutual Life Assurance Company) that specializes in estate planning and wills as part of their services.
In fact, their team’s mission is to empower clients with financial clarity and confidence through personalized, comprehensive planningbark.com. This means they will sit down with you to understand your unique situation, your family, your assets, your wishes – and help craft an estate plan that suits you.
Working with professionals like Snyman and Associates has several benefits. First, they have expertise in South African law and regulations around wills, estates, and taxes. They can ensure your will meets all legal requirements (so that it will be valid when needed) and advise you on the best ways to structure your bequests.
They stay up to date with any changes in the laws (for example, tax changes or court decisions affecting inheritance) so you don’t have to worry about those details. Second, they can guide you on estate planning strategies beyond just the will – for instance, if a trust is beneficial in your case, or how to designate beneficiaries on policies, and how to plan for estate duty to legally reduce the tax your estate might pay.
They basically help you see the “big picture” of your financial legacy, which is hard to do on your own.Snyman and Associates prides itself on offering personalized service. No two individuals’ situations are the same, so they will tailor recommendations to you. Whether you’re a young parent or a retiree, a small business owner or just someone with a bank account and a car, they will advise what is needed in your will and estate plan.
For example, if you have a complex family situation, they can advise how to phrase certain clauses in the will to avoid ambiguity. If you’re worried about a family member contesting the will, they can suggest steps to mitigate that. If you have a beneficiary with special needs, they can help set up a trust to protect that person’s interests. This kind of individual attention is invaluable.
Importantly, Snyman and Associates is part of the Old Mutual Personal Financial Advice network, which adds a layer of trust and credibility. Old Mutual is one of the oldest financial institutions in South Africa, and being affiliated with it means Snyman and Associates adheres to high standards of professionalism and ethics.
According to a company profile, Snyman and Associates’ philosophy is to ensure clients have “options available for all outcomes”, in other words, they help you prepare for life’s uncertainties so you’re not caught off guard. This aligns perfectly with the goal of estate planning. If you’ve been putting off writing your will or dealing with your estate planning, consider reaching out to Snyman and Associates for help.
They will walk you through the process step by step, in clear plain language, and answer any questions you have. The peace of mind that comes from knowing your affairs are in order is truly priceless. You can contact Snyman and Associates to set up a consultation, they’ll explain what documents or information you might need to get started (like a list of your assets, and ideas of who you want to inherit or act as guardians/executors). Don’t worry if you feel you “don’t know where to start”, that’s exactly what they are there for.
Take Action: Writing a will and planning your estate is one of those tasks that is easy to postpone, but it is hugely important for your family’s future. The consequences of not having a will can be dire, as we’ve seen. The good news is that creating a will is usually a straightforward process with the right guidance.
Snyman and Associates can draft a professional, legally sound will for you and help ensure that all aspects of your estate are covered. By investing a bit of time now, you could save your loved ones from tremendous stress and uncertainty later.In conclusion, having a will is essential for every South African adult – it puts you in charge of your legacy and protects those you care about.
Estate planning is not only for the wealthy; it’s part of responsible financial planning for everyone. If you haven’t done so already, seize the initiative and get your will in place. Whether you use the free resources available (like Legal Aid South Africa’s guides) or seek personalized advice from professionals like Snyman and Associates, the important thing is to get it done.
Your future (and your family’s future) will be more secure and peaceful as a result. Contact Snyman and Associates today for assistance with drafting your will and planning your estate, they are ready to help you secure your legacy and give you peace of mind.
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