Quick answer
The useful documents are those that prove who the testator is, the current family and marriage position, what the testator owns or owes, which arrangements sit outside the will, and who is being considered for benefits or responsibilities. Build an indexed file containing identity and relationship records, every existing will or codicil, ownership evidence for significant assets, debt and guarantee records, policy and retirement information, trust and business instruments, dependant information and proposed beneficiary and executor details.
Key takeaways
- Start with identity, marriage, divorce, children, dependants and existing testamentary documents.
- Prove ownership and control separately from possession, use or estimated value.
- Include debts, guarantees and expected estate costs so gifts are not planned from a gross asset list.
- Coordinate policies, retirement interests, trusts and business agreements without assuming the will controls them.
- Keep originals secure; use indexed copies for working review unless the professional asks for the original.
How to use this guide
Do not collect papers merely to make the file look complete. Mark each item as current, superseded, missing or needing verification. A bank statement may show a balance but not the full ownership or beneficiary rule. A municipal account may show use of a property but not legal title. The drafter needs the document that answers the actual control question.
1. Identity and civil-status records
Include a clear identity document, current contact details and any document explaining a name difference. Add the marriage certificate, antenuptial contract, final divorce or annulment order, civil-union or customary-marriage record, and relevant death certificate for a former spouse where applicable.
The purpose is not administrative curiosity. Marital status and the matrimonial-property position can affect ownership and what may fall into the estate. Mark any uncertain status or unregistered relationship for advice rather than selecting a category yourself.
2. Family and dependant information
Prepare a private family schedule with full names, dates of birth where relevant, relationship, contact details and dependency facts. Include children, adopted children, stepchildren where the testator intends to benefit them, a current or former spouse, partner, other dependants and anyone intentionally excluded whose position needs discussion.
For minors or vulnerable beneficiaries, add only the information needed to plan responsibly: current guardian or caregiver position, special needs, likely duration of support, proposed responsible adults and substitute choices. Do not circulate medical or family-court records beyond what the adviser says is necessary.
3. Existing wills, codicils and instructions
Locate every signed will, codicil and later amendment, plus any joint or foreign will. Record the date, original custodian, number of executed originals and whether a revocation or replacement was attempted. Keep unsigned drafts clearly identified as drafts.
An old will is essential even when the intention is to replace it. It reveals existing gifts, residue wording, executor and trustee nominations, witness issues and references that may still affect the drafting history. Do not write on, detach pages from or destroy an original during review.
4. Immovable property evidence
For each property, collect the deed or reliable deeds information, purchase or sale agreement if a transfer is pending, bond statement, co-ownership agreement and relevant divorce or settlement provision. Record legal owner, share, estimated value, debt and any right of occupation or usufruct being considered.
Rates accounts and addresses help identify property but do not by themselves prove ownership. If a property is held by a company or trust, place it under that structure and record the testator's actual interest instead of listing the underlying property as personally owned.
5. Financial assets and liabilities
List bank and investment accounts, loans owed to or by the testator, vehicles, valuable movable property, digital assets and material intellectual-property rights. Use recent statements, agreements, registration records or provider confirmations. Redact passwords and unnecessary transaction detail from the working pack.
Create a separate liability schedule for mortgages, credit, personal loans, tax, guarantees, maintenance obligations and disputed claims. Mark whether each amount is confirmed or estimated and identify secured assets. A will distributes what remains after the estate's enforceable obligations and costs are addressed.
6. Policies, retirement interests and nominations
Collect current policy schedules, beneficiary nominations, retirement-fund details, employer death-benefit information and provider acknowledgements. Record the policyholder, insured life, owner, nominee and latest confirmation date where those concepts apply.
These documents belong in the coordination file even where the benefit may not be distributed under the will. Ask the drafter or relevant provider which instrument controls the payment and what nomination process must be completed separately.
7. Trust records
Where the testator is a founder, trustee, beneficiary, donor or creditor of a trust, include the trust deed and amendments, letters of authority, current trustee records, relevant resolutions, loan-account evidence and financial statements needed to identify the actual interest.
Do not list trust assets as personal assets merely because the testator uses or manages them. The will may deal with a personal loan claim, power or role only to the extent the governing law and instrument allow. Flag any proposed testamentary trust as a new drafting question rather than treating an existing inter vivos trust as the same thing.
8. Business and partnership records
For a company, close corporation, partnership or sole proprietorship, gather ownership registers, founding or incorporation records, shareholder or partnership agreements, buy-and-sell arrangements, loan accounts, key-person policies and recent financial information proportionate to the plan.
Identify the personal asset being addressed—shares, a member's interest, partnership rights, a loan claim or sole-proprietor assets. Also record restrictions, options and valuation processes that may apply on death. A will should be coordinated with those documents, not drafted as if they do not exist.
9. Beneficiary and fiduciary details
Prepare a beneficiary table with unambiguous names or descriptions, relationship, intended gift, substitutes and what should happen if the person dies first. Add organisation registration details where a charity or institution is intended. Avoid publishing this schedule or using incomplete nicknames.
For proposed executors, trustees or guardians, record full details, willingness, location, relationship, possible conflict and substitutes. The will may nominate an executor, but the Master makes the formal appointment after death. Documents about a nominee's qualifications or proposed fee should be kept separately from proof of a beneficiary's identity.
10. Foreign assets and residence evidence
If the testator, assets or beneficiaries connect to another country, include citizenship and residence records, foreign property or account evidence, existing foreign wills, marriage contracts and advice already received. Identify where each asset is situated and which document presently governs it.
Cross-border advice may determine whether one or more coordinated wills are appropriate. Do not copy a foreign clause into a South African will or revoke another will unintentionally without specialist review.
Build an evidence index
Use columns for document, date, holder, question answered, status and next action. Keep high-risk originals in safe custody and give the practitioner complete legible copies. Encrypt sensitive electronic material and avoid emailing identity, health and account records to an unverified address.
The completed file should let the drafter distinguish confirmed facts from estimates and open questions. It is a source record, not the will itself and not a substitute for the testator's independent instructions.
This guide is general South African information. The adviser should decide which records are necessary and how sensitive material should be handled for the actual estate.
Additional FAQ
What if an asset document is held only online?
Download the current statement or agreement in its original format, record the provider and access date, and keep secure recovery details separately. Do not give ordinary login passwords to the drafter; ask what proof of ownership or authority is actually required.
FAQs
Do I need exact asset values before drafting a will?
Exact current values help with tax and liquidity planning, but the first file can mark figures as confirmed, estimated or unknown. Ownership and the instrument controlling each asset are more important than presenting guesses as facts.
Should policy and retirement-fund nominations go in the will file?
Yes, for coordination. Keep the current forms or provider confirmations in the review file, because the governing fund, policy or contract may apply a process outside the will.
Do I need the original existing will?
Bring the original if it can be transported safely, or a complete legible copy for the initial review. Record where every signed original and codicil is held and do not destroy it before a valid replacement is completed.
What if an asset document is held only online?
Download the current statement or agreement in its original format, record the provider and access date, and keep secure recovery details separately. Do not give ordinary login passwords to the drafter; ask what proof of ownership or authority is actually required.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.