Wills

A valid, up-to-date will protects the people you love and makes sure your wishes are carried out.

A will lets you decide who inherits your assets, who administers your estate and who cares for your minor children. Without one, the law decides for you. A properly drafted will also helps avoid delays, unnecessary costs and family disputes.

What a good will covers

  • Your heirs and bequests: who receives what, including specific items and the remainder of your estate.
  • Your executor: the person or firm you trust to administer your estate.
  • Guardians for minor children: who will care for your children if both parents die.
  • Testamentary trusts: protecting inheritances for minors or vulnerable beneficiaries.
  • Business and offshore assets: coordinating your will with shareholder agreements and foreign wills.

Formalities matter

Under the Wills Act, a will must be in writing, signed by you on every page and at the end, and signed by two competent witnesses in your presence and each other’s. Mistakes in signing are a common cause of disputes.

If you die without a will

Your estate is distributed under the Intestate Succession Act. This may not reflect your wishes, particularly for unmarried partners, stepchildren and blended families.

When to make or update a will

Review your will when you:

  • Get married, divorced or enter a life partnership.
  • Have or adopt children.
  • Buy property or start a business.
  • Acquire assets in another country.
  • Want to change your executor or guardians.
  • Have not reviewed your will in the last few years.

How the process works

Four steps to a valid will.

  1. Consultation
    We discuss your family, assets and wishes, and how your marital property regime affects your estate.
  2. Drafting
    We prepare a clear will that reflects your wishes and complies with the Wills Act.
  3. Signing
    We guide you through signing with two independent witnesses, so that the formalities are correct.
  4. Safekeeping
    We can keep the original will safely and review it with you as your circumstances change.

Beneficiaries and their spouses should not sign as witnesses, as this can disqualify them from inheriting.

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What to prepare

Information for drafting your will.

  • Your ID and marriage details, including any antenuptial contract.
  • Names and details of your intended heirs.
  • A summary of your assets, policies and liabilities.
  • Your choice of executor and guardians for minor children.
  • Details of any existing will, trust or foreign will.

Common Questions

Yes, but home-made wills are a common source of disputes, especially where the signing formalities are not followed or the wording is unclear. A professionally drafted will reduces this risk.
If you die within three months of a divorce, your will is applied as if your former spouse had died before you, unless it is clear you intended to benefit them. After that period, the will applies as written, so it should be updated.
Money inherited by minors without a trust is usually paid into the Guardian’s Fund until they turn 18. A testamentary trust gives more control and flexibility.
Often, yes. A separate will for assets in another country can make administration simpler. The wills must be coordinated so that one does not revoke the other.
Keep the original somewhere safe and tell your executor where it is. Copies are not usually accepted by the Master without a court order.

TIME TO MAKE OR UPDATE YOUR WILL?

We draft clear, valid wills and testamentary trusts that protect your family and simplify the administration of your estate.

Read more: Deceased estate administration · Estate and trust disputes

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This page is general information and not legal advice.

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