Creating a will in South Africa is one of the most important things you can do to protect your family. The process is not complicated, but there are specific legal rules you must follow to make the will valid.
This guide walks you through the basics in plain language.
What a will actually does
A will sets out who inherits your belongings when you die. It also lets you choose:
- guardians for your children
- an executor to manage your estate
- how your assets will be distributed
- whether you want a trust for minors
Without a will, the law decides for you, which can cause delays and problems for your family.
Step 1: List your beneficiaries
Choose the people or organisations who should receive your assets. These are your beneficiaries.
Common choices include:
- spouse or partner
- children
- parents
- siblings
- charities
Make your list clear so your executor cannot misinterpret your wishes.
Step 2: Decide on guardians for your children
If you have minor children, you should choose a guardian who will take care of them if both parents pass away. If you do not choose a guardian, the High Court will decide.
Step 3: Choose an executor
Your executor is responsible for:
- reporting the estate
- handling admin
- paying debts
- distributing assets
Choose someone you trust and who is responsible.
Step 4: List your assets
Include the following:
- property
- vehicles
- bank accounts
- investments
- personal valuables
- business assets
You do not need every detail, but a good list helps your executor.
Step 5: Sign correctly
A will must be signed correctly or it becomes invalid.
The rules:
- You must sign every page
- Two witnesses must sign in your presence
- Witnesses must be 14 or older
- Witnesses cannot inherit from your will
If you skip these steps, the will can be rejected.
Step 6: Store it safely
Your family must have access to your will. Store it in:
- a digital vault
- a secure home folder
- a trusted person's possession
Make sure your executor knows where it is.
Final thoughts
A will is one of the most important documents you will ever create. It removes stress from your family and gives you control over your legacy.