National Wills Week in South Africa was observed from September 15 to 19, 2025. In today’s world, there are national days for everything, from National Poodle Day to National Hair Dye Day. However, raising awareness about the importance of having a will is quite sensible and beneficial.
So, why is a will necessary? Besides being a crucial component of proper financial planning, it grants you control over how your estate will be managed. Without a will, the Laws of Interstate Succession apply, and the state determines the Executor, which can lead to delays and unnecessary conflicts.
Having a will empowers you to decide who inherits your estate, appoint the Executor, ensure the care of your minor children, and hopefully prevent family disputes.
Let’s begin by understanding what constitutes a valid will in South Africa.
Firstly, the testator (the person who creates the will) must be at least 16 years old and mentally capable of making a will.
Secondly, the will must be a written document. It can be typed or handwritten, but there is no such thing as an oral “deathbed wish” as people often believe that their loved ones reveal their wishes in their dying moments.
Lastly, the testator or testatrix must sign the will at the end of the document. It is also advisable to sign each page (usually at the bottom) to prevent tampering or changes to the document.
There must be two competent witnesses, who are at least 14 years old, and who can testify in court. These witnesses must be present when the will is signed. Additionally, the witnesses (and their spouses) cannot inherit anything under the will. Their presence is crucial to ensure that the testator or testatrix is genuinely signing the will and is not being coerced or forced to sign anything. They must also be of sound mind when signing the will.
The witnesses do not need to be privy to the contents of the will; their role is solely to witness the signing of the document. If the will is ever contested, the witnesses may be called to court to testify that the will was signed by the person and that they were not coerced.
It’s important to note that a will cannot be changed without the formalities of signing the change next to it and having it witnessed in the same manner as the original will.
The will should be dated. While it’s not a legal requirement, dating the will helps avoid confusion if multiple wills exist.
When drafting a will, a number of factors need to be considered:
1. Asset Distribution: The will document dictates who inherits the deceased’s assets. This can include specific bequests of certain assets or personal items, or a division of all assets among a group of people. It’s crucial to be clear and specific to avoid future disputes.
2. Bequests and Personal Items: Consider including specific bequests for certain assets or personal items. For example, a gentleman once left his jaguar to his son, but by the time he died, the jaguar car had been sold. The son insisted on receiving a jaguar cat from the estate.
By carefully considering these factors and following the necessary formalities, you can create a will that effectively distributes the deceased’s assets and ensures the wishes of the testator or testatrix are carried out.
The will appoints a trustworthy executor to manage the estate. This has been a topic of debate recently, as it’s generally not advisable to entrust the Master’s Office to one’s closest family members. However, corporate executors, who often face similar frustrations with the Master, tend to be slow, ineffective, and expensive. There are ways to address this, and appointing a close family member alongside a professional is likely the best approach. Both parties are responsible, but the family member can provide guidance and support to the professional, especially in handling personal matters.
The will should also address the situation of minor children. If a minor inherits money, the government will allocate it to the Guardian’s Fund, and the guardian will need to apply for a budget to care for the child. The Guardian’s Fund is a cash fund, and there’s no growth in the inheritance as the child grows older. Additionally, if a parent of a minor child passes away without nominating a guardian, the surviving biological or legal parent typically becomes the guardian. If both parents are deceased or unable to act, the Master of the High Court is notified and appoints a guardian. This guardian is usually a close relative, such as a grandparent, aunt, uncle, or older sibling. The court considers the child’s best interests and the guardian’s ability to care for the child emotionally and financially. If there’s a disagreement, the matter goes to the Children’s Court, which will decide in the child’s best interest.
The issue with not appointing a guardian in the will is that it causes delays and uncertainty while the court makes a decision. This could leave the child in temporary care during the decision-making process, potentially exacerbating the child’s already traumatic situation.
As a side note, it’s polite and considerate to consult with the person chosen as the guardian. It would be quite a shock to discover that you’ve inherited a child when you least expect it!
To prevent the inheritance from going to a minor child and being paid to the guardian’s fund, you can set up a testamentary trust in your will. This trust will hold the money in trust, likely with the guardian’s input in managing it. A testamentary trust doesn’t have to be limited to an age of 18. You can also specify that any beneficiary will receive their inheritance at a certain age, such as 25 or 30, if you’re concerned that your child won’t be able to manage their own money.
A clear and valid will reduces the likelihood of family conflicts and prevents disputes over property, business interests, or sentimental matters. While there are concerns about the efficiency of the Master’s Office, a valid will certainly expedites the process. Knowing that your loved ones are taken care of and that your affairs are in order provides a sense of comfort. Ultimately, a will gives you the best chance of having your voice heard after your death. Without it, the law decides, and that may not align with your values or your family’s needs.
It’s important to consider the implications of your will and whether there are better ways to structure your affairs for tax efficiency and cost-effectiveness upon your death. Please feel free to reach out if you’d like to explore your options and discuss your personal needs and circumstances.
The Power to Choose: Securing Your Legacy with a Valid Will
National Wills Week in South Africa was observed from September 15 to 19, 2025. In today’s world, there are national days for everything, from National Poodle Day to National Hair Dye Day. However, raising awareness about the importance of having a will is quite sensible and beneficial.
So, why is a will necessary? Besides being a crucial component of proper financial planning, it grants you control over how your estate will be managed. Without a will, the Laws of Interstate Succession apply, and the state determines the Executor, which can lead to delays and unnecessary conflicts.
Having a will empowers you to decide who inherits your estate, appoint the Executor, ensure the care of your minor children, and hopefully prevent family disputes.
Let’s begin by understanding what constitutes a valid will in South Africa.
Firstly, the testator (the person who creates the will) must be at least 16 years old and mentally capable of making a will.
Secondly, the will must be a written document. It can be typed or handwritten, but there is no such thing as an oral “deathbed wish” as people often believe that their loved ones reveal their wishes in their dying moments.
Lastly, the testator or testatrix must sign the will at the end of the document. It is also advisable to sign each page (usually at the bottom) to prevent tampering or changes to the document.
There must be two competent witnesses, who are at least 14 years old, and who can testify in court. These witnesses must be present when the will is signed. Additionally, the witnesses (and their spouses) cannot inherit anything under the will. Their presence is crucial to ensure that the testator or testatrix is genuinely signing the will and is not being coerced or forced to sign anything. They must also be of sound mind when signing the will.
The witnesses do not need to be privy to the contents of the will; their role is solely to witness the signing of the document. If the will is ever contested, the witnesses may be called to court to testify that the will was signed by the person and that they were not coerced.
It’s important to note that a will cannot be changed without the formalities of signing the change next to it and having it witnessed in the same manner as the original will.
The will should be dated. While it’s not a legal requirement, dating the will helps avoid confusion if multiple wills exist.
When drafting a will, a number of factors need to be considered:
1. Asset Distribution: The will document dictates who inherits the deceased’s assets. This can include specific bequests of certain assets or personal items, or a division of all assets among a group of people. It’s crucial to be clear and specific to avoid future disputes.
2. Bequests and Personal Items: Consider including specific bequests for certain assets or personal items. For example, a gentleman once left his jaguar to his son, but by the time he died, the jaguar car had been sold. The son insisted on receiving a jaguar cat from the estate.
By carefully considering these factors and following the necessary formalities, you can create a will that effectively distributes the deceased’s assets and ensures the wishes of the testator or testatrix are carried out.
The will appoints a trustworthy executor to manage the estate. This has been a topic of debate recently, as it’s generally not advisable to entrust the Master’s Office to one’s closest family members. However, corporate executors, who often face similar frustrations with the Master, tend to be slow, ineffective, and expensive. There are ways to address this, and appointing a close family member alongside a professional is likely the best approach. Both parties are responsible, but the family member can provide guidance and support to the professional, especially in handling personal matters.
The will should also address the situation of minor children. If a minor inherits money, the government will allocate it to the Guardian’s Fund, and the guardian will need to apply for a budget to care for the child. The Guardian’s Fund is a cash fund, and there’s no growth in the inheritance as the child grows older. Additionally, if a parent of a minor child passes away without nominating a guardian, the surviving biological or legal parent typically becomes the guardian. If both parents are deceased or unable to act, the Master of the High Court is notified and appoints a guardian. This guardian is usually a close relative, such as a grandparent, aunt, uncle, or older sibling. The court considers the child’s best interests and the guardian’s ability to care for the child emotionally and financially. If there’s a disagreement, the matter goes to the Children’s Court, which will decide in the child’s best interest.
The issue with not appointing a guardian in the will is that it causes delays and uncertainty while the court makes a decision. This could leave the child in temporary care during the decision-making process, potentially exacerbating the child’s already traumatic situation.
As a side note, it’s polite and considerate to consult with the person chosen as the guardian. It would be quite a shock to discover that you’ve inherited a child when you least expect it!
To prevent the inheritance from going to a minor child and being paid to the guardian’s fund, you can set up a testamentary trust in your will. This trust will hold the money in trust, likely with the guardian’s input in managing it. A testamentary trust doesn’t have to be limited to an age of 18. You can also specify that any beneficiary will receive their inheritance at a certain age, such as 25 or 30, if you’re concerned that your child won’t be able to manage their own money.
A clear and valid will reduces the likelihood of family conflicts and prevents disputes over property, business interests, or sentimental matters. While there are concerns about the efficiency of the Master’s Office, a valid will certainly expedites the process. Knowing that your loved ones are taken care of and that your affairs are in order provides a sense of comfort. Ultimately, a will gives you the best chance of having your voice heard after your death. Without it, the law decides, and that may not align with your values or your family’s needs.
It’s important to consider the implications of your will and whether there are better ways to structure your affairs for tax efficiency and cost-effectiveness upon your death. Please feel free to reach out if you’d like to explore your options and discuss your personal needs and circumstances.
Asset Class Returns
The table below represents a rolling year view of the major asset class returns that we track. It offers a view of the asset classes we use to diversify your portfolio.