Why You Should Have a Will
Updated: 4 days ago
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 will allows you to decide who should benefit from your estate and who you would like to administer it.
A will gives you greater control over your estate
If you die leaving a valid will, your estate will generally be distributed according to the wishes expressed in that will, subject to the law.
This allows you to make important decisions such as:
who you would like to inherit from your estate;
how you would like particular assets or the balance of your estate to be distributed;
who you would like to nominate as the executor of your estate; and
where relevant, how you would like inheritances intended for minor beneficiaries to be dealt with.
Without a valid will, you lose much of that choice. Your estate will instead be distributed according to the Intestate Succession Act 81 of 1987, which sets out who inherits and in what circumstances.
We explain this difference in more detail in Testate vs Intestate Succession.
A will is not only for wealthy people
You do not need to own a large house, have significant savings or consider yourself wealthy before making a will.
Your estate may include things such as money, vehicles, property, personal belongings and other assets, together with the debts and liabilities that exist at the time of your death.
What matters is that you have considered what you own, who you would like to benefit from your estate and what you would like to happen after your death.
A relatively simple estate can still create uncertainty if there is no valid will.
Having a will can make your wishes clearer
Death can already be an emotionally difficult time for a family. A properly drafted will cannot remove every disagreement or complication, but it can provide an important written record of your wishes.
Rather than leaving family members to assume what you would have wanted, your will can give clear instructions about the distribution of your estate and nominate the person you would prefer to administer it.
It is therefore worth making a will before you think you need one.
Your will should change when your life changes
Making a will should not necessarily be a once-off exercise.
You should consider reviewing it after significant changes in your life, for example:
marriage or divorce;
the birth or adoption of a child;
acquiring or disposing of significant assets;
the death of a beneficiary or nominated executor; or
a significant change in your family or financial circumstances.
The important thing is that your will should continue to reflect what you actually want.
You can make your own will
You are not legally required to use an attorney to draft a will. The Master of the High Court confirms that you may draft your own will, provided that it complies with the legal formalities required for a valid will.
Those formalities matter. A document expressing your wishes is not necessarily a valid will simply because you call it one.
In the next article, What Is a Will and How Do You Make a Valid One?, we explain the requirements under the Wills Act 7 of 1953 and the practical steps to consider when drafting your will.
Useful resources
The Master of the High Court provides official information on wills, deceased estates and intestate succession. Master of the High Court: Wills
Legal Aid South Africa also provides plain-language guidance on drafting wills, together with a basic will template. Legal Aid South Africa: Drafting of Wills
You can also read the legislation governing the formal execution of wills directly. Wills Act 7 of 1953
Plan ahead. Record your wishes. Take control of what happens to your estate.
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