Why a valid will could be the most important gift you leave behind

According to 2022 statistics from the Master of the High Court, fewer than 15% of South Africans die with a valid Will in place.

This can cause serious financial and emotional strain for the family and loved ones left behind. Having a valid will is one of the most important steps you can take to ensure your final wishes are respected and that your loved ones are provided for after your passing.

What is a Will?

A Will is a legal document that outlines how you want your assets — such as your house, car, money, and personal belongings — to be distributed after your death. In your Will, you can also appoint a guardian for your minor children and name an executor to carry out your instructions.

Why is a valid will important?

Here are some key reasons why every adult should have a valid Will:

1. You choose who inherits your assets

If you die without a valid Will, your estate is distributed according to the Intestate Succession Act 81 of 1987. This means the law, not your personal wishes, decides who gets what. A life partner, for example, may receive nothing while distant relatives inherit everything.

2. It helps prevent family disputes

Without clear instructions, families can fall into conflict over who is entitled to what. A valid Willprovides certainty and helps avoid unnecessary stress and arguments.

3. You can protect your minor children

Your will allows you to nominate a guardian and put safeguards in place for your children’s inheritance. If there is no Will, the court will decide who should take care of them. This might not be the person you would have chosen.

4. The estate is easier and quicker to administer

A valid Will gives your executor the guidance they need to manage your estate effectively. Without a Will, the process can be slow and complicated, often leaving loved ones in financial difficulty while waiting for the estate to be finalised.

5. It can save your estate money

Although drafting a Will may cost money upfront, dying without one can result in far greater costs due to delays, legal fees, and administrative issues.

What makes a will valid?

For your Will to be legally valid in South Africa, it must meet the following requirements:

It must be in writing (not a video or voice recording)

You must sign it on every page and at the end

It must be signed in the presence of two competent witnesses who also sign it

The witnesses must be at least 14 years old and may not be beneficiaries in the will

It is always best to have a qualified attorney draft or review your will to make sure it meets legal requirements and truly reflects your intentions.

Update your will when your life changes

Major life events — such as getting married, divorced, having children, or buying property — should prompt you to update your will. It should reflect your current circumstances and wishes at all times.

Conclusion

Having a valid Will is not just a legal formality. It is a powerful way to give your loved ones peace of mind and prevent unnecessary stress during an already difficult time. Speak to an attorney and make sure your wishes will be honoured.

National Wills Week runs from September 15 to 19. During this time, many attorneys across the country offer free basic will drafting and help raise awareness about the importance of proper estate planning.

Information provided by Annarentia Muller, a local attorney with more than 15 years’ experience in deceased estates and property transfers.

This article is for informational purposes only. It does not constitute legal advice. Please consult a qualified attorney for help with your specific situation.

For more information or to find a participating law firm near you, visit the Law Society of South Africa’s website.