September is recognised as National Wills Month, with National Wills Week running from 14 to 18 September 2026.
During National Wills Week participating attorneys and legal practitioners offer to draft basic wills for members of the public free of charge. Picture: iStock
As South Africa kicks off National Wills Month, the Sanlam Legacy 2026 Survey on South Africans and Wills, released on Tuesday, found that only 28% of respondents have a valid will, suggesting that many South Africans are living without a plan for what happens to their assets and loved ones after they die.
September is recognised as National Wills Month by the Law Society of South Africa (LSSA), alongside the Department of Justice and Constitutional Development, with National Wills Week running from 14 to 18 September 2026.
Wills Month is an annual public awareness campaign during which participating attorneys and legal practitioners offer to draft basic wills for members of the public free of charge.
Survey findings about wills
Sanlam’s survey revealed that 65% of respondents do not have a will at all, a slight decrease from 66% in the 2025 findings. Of those who have wills, 39% have not told their loved ones where to find the document or what it contains.
CEO of Sanlam Trust, Advocate Sankie Morata, said the findings suggest the issue is not simply a lack of awareness.
“Yet we are still finding an alarming number don’t have a will, or at least a valid and locatable will. Ultimately, drawing up a will and dedicating time to proper estate planning – no matter how big or small the estate – is about the people you love, not the paperwork. It protects what you have built, provides clarity for your loved ones and creates a stronger foundation for future generations.”
Families often discover the gaps too late
The survey revealed that 47% of respondents have helped wind up a loved one’s estate. Yet only 22% of them describe the process as smooth. The most common challenges were arguments among relatives over inheritances (26%), delays in finalising and transferring assets (23%), legal and administrative costs (18%), and frozen accounts (12%).
The consequences can extend well beyond a surviving spouse or child. More than a third of respondents support ageing parents, grandparents or extended family members, suggesting that when one person dies unexpectedly, the impact can be felt across multiple generations and households.
Morata said many South Africans underestimate how much control they relinquish when they don’t put clear plans in place.
“A will is one of the few opportunities people have to make their wishes clear and decide who should be responsible for carrying them out. Without that guidance, loved ones can find themselves navigating a legal process while grieving, or important decisions being made according to legislation rather than personal wishes.”
Reasons for having a will
The survey noted that a death in the family was the most common motivation for drawing up a will, cited by 41% of respondents. This was followed by having a child (32%), receiving financial advice (27%) and marriage or a long-term partnership (25%).
Morata highlighted that the findings suggest that many people only act when estate planning becomes personal and immediate.
Notably, receiving financial advice was the only professional intervention among the top triggers identified, highlighting the role advisers can play in prompting action before a family faces a crisis.
Estate planning appears to run in families
The survey revealed that among respondents with wills, 57% said one or both parents had one. Among respondents without wills, this number was only 22%.
Morata said this suggests that estate planning could be a learned behaviour. For some families, drafting a will is normalised. For others, one person may become the first to formalise a plan, setting a new example for their children and future generations.
Dr Mavis Mazhura, an independent leadership psychologist and adult development specialist, said behaviour is often shaped by what people see growing up.
“People may have heard enough about wills to feel informed, while still missing the steps or the urgency. Awareness creates confidence, but a clear, immediate and emotionally manageable process is what turns confidence into action.”
