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Family Law & Estates

Last Will & Testament

A properly drafted and validly signed will ensures your wishes, not the law of intestate succession, decide how your estate is distributed.

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Why a will matters

Your Last Will and Testament should ideally be drafted alongside your broader financial plan. First and foremost, a will ensures your wishes are clearly recorded for your loved ones, family and friends, rather than leaving your estate to be distributed according to the default rules of intestate succession, which may not reflect your actual intentions.

What makes a will valid

To be valid, a will must be properly drafted and duly signed by the testator or testatrix in the presence of two competent witnesses, who must also sign the will in the testator's presence. Importantly, an heir nominated in the will may not sign as a witness, as doing so can affect that person's capacity to inherit under the will.

What a will typically covers

  • Nomination of an executor to administer your estate
  • Distribution of assets to your chosen beneficiaries
  • Guardianship nominations for minor children
  • Any specific bequests, such as sentimental items or charitable gifts

Keeping your will current

A will should be reviewed after marriage, divorce, the birth of a child, a death in the family, acquiring significant assets, or starting or selling a business — essentially, whenever your circumstances or wishes materially change.

01Mediation-First MindsetLitigation only where it's genuinely the right route
02Plain-Language AdviceLegal terms explained clearly so you can decide with confidence
03Full Estate SupportFrom drafting a will to administering an estate, one firm throughout
04Personal InvolvementThe principal attorney remains involved in every family matter

Your estate will be distributed according to the Intestate Succession Act, which may not reflect your actual wishes.

No. A nominated heir should not sign as a witness, as this can affect their capacity to inherit.

After marriage, divorce, a birth, a death, acquiring property, starting or selling a business, or any major change in your wishes.

Someone you trust to act diligently and impartially, such as a family member, professional advisor or attorney, bearing in mind the administrative demands of the role.

Yes, nominating a guardian in your will is one of the most important protections it offers if both parents pass away while children are still minors.

Marriage does not automatically revoke a will in South Africa, but it is good practice to review and update your will after any marriage.

Yes, specific bequests, such as jewellery, vehicles or sentimental items, can be recorded clearly to avoid confusion among heirs.

Common issues include improper signing, missing witnesses, witnesses who are also beneficiaries, or a testator who lacked mental capacity when signing.

Generally yes, South African law does not require you to leave assets to adult children, though dependants may have separate maintenance claims against the estate.

In a safe, known location, ideally with your attorney or another secure custodian, since the original is required to report the estate.

Clear legal guidance starts with a conversation.

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