National Wills Week takes place from 14–18 September 2026. It is a useful reminder to deal with something many of us put off: recording what should happen to our estate when we die.
A will is not only for wealthy people or those approaching retirement. Nor must it be drafted by an attorney to be valid. What matters is that it records your wishes clearly and meets the legal requirements.
“I do not have enough assets to need a will.”
You do not need to own a house or have a large investment portfolio to make a will. Savings, a vehicle and personal belongings may still be important to the people you leave behind.
A will records who should receive the assets available for distribution after debts and other estate obligations have been dealt with. Even a modest estate deserves clear instructions.
“I am married, so my spouse automatically gets everything.”
Not necessarily. Without a valid will, the rules of intestate succession determine who inherits. A surviving spouse may have to share the inheritance with children or other descendants, depending on the circumstances.
Your marital property system also matters. For example, a surviving spouse’s own share of a joint estate is not the same thing as an inheritance. Marriage is therefore not a substitute for a will.
“I am too young to make a will.”
Under section 4 of the Wills Act 7 of 1953, a person aged 16 or older may make a will, provided they are mentally capable of understanding the nature and effect of doing so. You do not have to wait until you are 18, married or retired.
“Only an attorney can draft my will.”
This is incorrect. The Wills Act does not require an attorney to draft your will. You may draft it yourself, provided it complies with the law. Our law also recognises assistance from providers other than attorneys, including banks, trust companies and appropriately qualified individuals.
Professional help can still be valuable, particularly for complex family or financial circumstances. A suitably experienced CFP® professional can assist with drafting or reviewing a will within their competence and involve a specialist where necessary. The distinction is important: professional assistance may be advisable, but an attorney is not a legal prerequisite.
“I have to pay legal fees to make a valid will.”
You can make a valid will without paying legal fees. There is no compulsory legal drafting or signing fee under the Wills Act. Legal Aid South Africa provides a free basic will template, and participating attorneys offer free basic wills during National Wills Week.
This does not mean that every professional must draft your will for free. Providers may charge for drafting, advice, amendments or storage. Ask about the terms before accepting a service.
Also distinguish making and signing a will from administering an estate after death. A free will does not mean a cost-free estate: executor’s remuneration, administration expenses and taxes may still arise. Ask whether a free service has conditions linked to executor nomination; the law does not require you to nominate the person or institution that drafted your will.
“Writing down my wishes is enough.”
The wording matters, but so does signing correctly. For a straightforward written will that you sign yourself, the basic signing procedure is:
• Sign at the end of the will in the presence of at least two competent witnesses who are present together.
• Have the witnesses sign the will in your presence and in each other’s presence.
• Sign each other page if the will has more than one page. The Act does not require the witnesses to sign every page.
The Act also allows you to acknowledge an existing signature before the witnesses. Extra formalities, including certification by a commissioner of oaths, apply if you sign with a mark or someone signs on your behalf. Obtain assistance with those requirements. A downloaded template is not automatically a valid will.
“Anyone can witness my will without consequences.”
A witness must be at least 14 years old and competent to give evidence in court. For safety, use independent witnesses who are not beneficiaries, nominated executors, trustees or guardians, or their spouses.
Section 4A can disqualify a witness and their spouse from benefiting under the will. Similar risks apply to someone who writes out your will in their own handwriting or signs on your behalf. There are exceptions, but it is better not to depend on them. A beneficiary witnessing a will does not, by itself, invalidate the entire will.
“My will decides who receives every payout when I die.”
Not all benefits pass through your estate. Life-policy proceeds payable to a validly nominated beneficiary generally go directly to that beneficiary, rather than being distributed under your will.
Retirement-fund death benefits subject to section 37C of the Pension Funds Act are generally allocated by the fund’s trustees under the statutory rules. Your will does not override those rules, and a beneficiary nomination does not automatically bind the trustees. Review your will and beneficiary nominations together.
“Once my will is signed, I can forget about it.”
Review your will after marriage, divorce, the birth of a child, a death in the family or a significant change in your finances.
Do not assume divorce permanently removes your former spouse from your will. Section 2B contains a limited three-month rule: if you die within that period, a pre-divorce will generally operates as though your former spouse died before the divorce, unless the will indicates otherwise. After three months, an unchanged bequest to your former spouse may take effect.
Changes and additions also have signing formalities. Do not simply cross out a name or add a handwritten instruction and assume the change is valid.
“A will is only about who gets my belongings.”
A will is part of a wider financial plan. You can nominate an executor and make arrangements for how a minor child’s inheritance should be managed. Separately, consider whether there will be enough money to settle estate costs and support dependants while the estate is being administered.
A CERTIFIED FINANCIAL PLANNER® professional can help you consider these issues together, rather than treating your will, insurance, retirement savings and family needs as unrelated matters.
So, do I really need a will?
Ask yourself: “Would the people I leave behind know what I wanted, and have I recorded it in a legally effective way?”
Do not let the belief that you must hire an attorney, or pay legal fees, stop you from making a will. Equally, do not confuse an inexpensive will with one that needs no care. Choose an approach suited to your circumstances, follow the formalities, keep the signed original safe and tell someone you trust where to find it.
For help with your broader financial and estate planning, visit the FPIMyMoney123 platform to find a CERTIFIED FINANCIAL PLANNER® professional.
This article is intended for general consumer education in South Africa and does not constitute individual financial or legal advice.
© FinDotNews. Supplied parts of the article to the Financial Planning Institute of Southern Africa (FPI) for consumer education during National Wills Week.
About the Financial Planning Institute of Southern Africa
The Financial Planning Institute of Southern Africa NPC (FPi) is the only professional body in Southern Africa authorised to offer the FSA®, RFP® and internationally FPSB-recognised CFP® professional designations. As a South African Qualifications Authority (SAQA) registered professional body, FPi ensures that its professional designations are listed on the National Learner Record Database (NLRD), affirming its commitment to educational and professional excellence. FPi is also approved by the South African Revenue Service (SARS) as a Recognised Controlling Body (RCB), further underscoring its role in upholding high standards in the financial planning profession.
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