Do You Need a Will? South African Wills Explained

Why a will matters

A will lets you choose who inherits, appoint someone you trust to administer your estate, and provide for children and dependants. It can reduce delays, disputes and costs for the people you leave behind.

Without a will, your estate is divided according to a fixed legal formula that may not match your wishes.

What makes a will valid

The Wills Act 7 of 1953 sets out the formalities for a valid will. The main requirements are:

• The will must be in writing.
• The person making the will (the testator) must be 16 or older and mentally capable of understanding the act.
• The testator must sign the will at the end, in the presence of two or more competent witnesses.
• The witnesses must be 14 or older and must sign in the presence of the testator and of each other.
• A witness, or the spouse of a witness, should not be a beneficiary, as this can affect what they inherit.

What happens if you die without a will

Dying without a valid will is called dying intestate. Your estate is then distributed according to the Intestate Succession Act 81 of 1987, which sets a fixed order of who inherits, usually the spouse and children first, then other relatives.

This formula applies regardless of what you might have wanted, which is why having a valid will is so important.

Executors and the estate process

A will normally names an executor: the person responsible for collecting the assets, paying the debts and distributing the inheritance. The estate is reported to the Master of the High Court, which oversees the process.

Choosing a capable executor and keeping your will up to date makes the process smoother for your family.