A will is one of the clearest ways to make decisions about what should happen to your estate after your death. It gives you an opportunity to record your wishes during your lifetime and helps ensure that the people administering your estate know what you intended. South African law recognises a person’s ability to decide how their estate should be distributed after death, often referred to as freedom of testation. The Master of the High Court specifically notes that making a

Having a will allows you to record what you want to happen to your estate after your death. However, simply having a document that you call a will does not necessarily mean that you have a valid will. South African law prescribes formal requirements that must be followed for a will to be valid. Understanding those requirements is important, particularly if you decide to draft your own will. What is a will? The Wills Act 7 of 1953 provides that a “will” includes a codicil and

Your will should reflect your current wishes and circumstances. If your life changes, it may be necessary to change your will too. You are allowed to amend your will, but changes must be made carefully. An amendment that does not comply with the Wills Act 7 of 1953 may be invalid. When should you consider changing your will? You should consider reviewing your will whenever there is a significant change in your life or when your wishes change. This may include: getting married

What happens to your estate after death depends, in large part, on whether you leave a valid will. If you leave a valid will, your estate will generally be distributed according to the wishes recorded in that will. If you die without a valid will, the law determines who inherits from your estate. What is testate succession? Testate succession applies where a person dies leaving a valid will. The will determines who should inherit from the estate, subject to applicable law. Th

When a person dies, their assets do not simply pass immediately to the people named in their will or to their family. A deceased estate must first be reported and administered according to the law. This process applies whether the deceased left a valid will or died intestate, meaning without a valid will. The difference is mainly in who is entitled to inherit and how the person who will administer the estate is identified. A deceased estate must be reported When a person dies