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How to make a valid will in South Africa

A will lets you decide who inherits what you own, and who looks after your children. Without one, the law decides, and the result may be quite different from what you want. Here is what a will does and what makes it valid.

This guide explains wills in general terms. It is a checklist, not a will to copy. If your estate includes a business, property, or children from more than one relationship, use an attorney or a qualified fiduciary practitioner.

What a will decides

• who inherits what you own;
• who winds up your estate (the executor);
• who looks after your minor children (a guardian), and how money for them is managed;
• what happens if a beneficiary dies before you.

What happens without a will

If you die without a will, the Intestate Succession Act decides who inherits. In outline:

• a spouse and children: the spouse receives a child's share or a minimum amount set by law, whichever is more, and the children share the rest;
• a spouse but no children: the spouse inherits everything;
• children but no spouse: the children share everything;
• neither: the estate goes to your parents, then to your brothers and sisters.

That can cause painful surprises. A partner you are not married to inherits nothing. A child you are raising but did not adopt inherits nothing. An estranged spouse may inherit. Children's inheritances may have to be paid into the state's Guardian's Fund until they turn 18.

What makes a will valid

Under the Wills Act, a will must be:

1. in writing, typed or handwritten;
2. signed by you at the end of the will, and on every page;
3. signed in front of two competent witnesses, aged 14 or older, who are both present at the same time;
4. signed by both witnesses in front of you and of each other.

If you cannot write and sign with a mark or thumbprint, extra rules apply and a commissioner of oaths must certify the will. An attorney should help.

Who should not witness your will

A person who inherits under the will should not witness it. Nor should that person's spouse, the person who wrote the will, or the executor. If they sign as a witness, they may lose their inheritance or their appointment. Use two adults who get nothing.

What to cover

• Choose an executor and a substitute, and ask them first.
• Name a guardian for minor children, and set up a trust for them with professional help.
• List any specific gifts.
• Say who gets the rest of the estate.
• Say what happens if a beneficiary dies before you.

After you sign

• Keep the original safe, and tell your executor and family where it is.
• Never change a will by hand. Make a new one.
• Review it after a marriage, a divorce, a birth or a death, and every few years.

Life policies with named beneficiaries, and retirement funds, follow their own rules. Keep them in line with your will.

This guide is based on Chapter 9 of Life Admin, which also covers living wills and powers of attorney.