Having a Will is essential for putting your affairs in order, but it must be legally valid, up-to-date, and accessible when needed. According to Sanlam's 2026 Wills Survey, nearly two-thirds of respondents did not have a Will, while only 28% had one that was signed, witnessed, and stored safely. The survey of 1,200 people found that 65% did not have a Will. Sanlam notes that the annual survey uses a convenience sample and is not nationally representative.
Even among people who have had a Will drafted, problems can arise. Discovery Wills and Trust Services found that six in 10 clients who were not members of its Vitality Money programme did not return their completed Wills for secure storage. Among the Wills that were returned, 18% contained signing errors. Harry Joffe, head of Legal Services at Discovery Life and Discovery Wills and Trust Services, emphasizes that the challenge is not just getting people to write Wills, but ensuring they are correctly signed and stored.
One of the most basic problems is failing to comply with the requirements governing the signing and witnessing of a Will. Old Mutual Will notes that a non-compliant Will can sometimes still be accepted if the High Court directs the Master of the High Court to do so, but this requires a court application, which brings additional costs and no guarantee of success. Another potential trap is asking someone who is due to benefit from the estate to act as a witness.
The consequences of not having a valid Will can be significant. Instead of the deceased's wishes determining how the estate is distributed, the Intestate Succession Act applies. This means a person cannot use a Will to nominate their preferred executor, make specific bequests, or establish a testamentary trust for a minor child. Figures from the Master of the High Court dating back to 2022 indicate that about 85% of South Africans die without a valid Will.
Estate planning is particularly important where minor children are involved. Children under 18 cannot legally manage an inheritance themselves. If a parent dies without a Will, or the Will does not make suitable provision for minor children, money can be paid into the Guardian's Fund, which is administered by the Master of the High Court. The Guardian's Fund held R18.8 billion for beneficiaries as at March 31, 2025.
Writing a Will is not a once-off exercise, as circumstances change and an estate plan can quickly become outdated. Old Mutual Will recommends reviewing a Will annually, while certain life events, such as getting married or divorced, having a child, or the death of a spouse, beneficiary, executor, or nominated guardian, should prompt an immediate rethink. Starting or selling a business, emigrating, or acquiring assets overseas can also mean that changes are required.
Even a valid and up-to-date Will does not necessarily determine what happens to every asset owned. Retirement fund members should keep their beneficiary nomination forms current, and life insurance beneficiaries should be nominated directly with the insurer. Digital assets, such as email and social media accounts, online banking and investment accounts, and cryptocurrency, can easily be overlooked and may be difficult for relatives to identify or access after someone's death.
Key points
- A Will must be correctly signed and witnessed to be valid.
- Estate planning is crucial for minor children to ensure their inheritances are managed properly.
- A Will should be reviewed annually or when significant life events occur.
