Why this situation happens

Many people think a will is a short instruction: "leave everything to my spouse" or "divide everything between the children." That may work in a simple estate, but it may not deal with minor children, a second marriage, a business interest, a bond, a trust, foreign assets or a beneficiary who cannot manage money.

Legal explanation

The Department of Justice explains that a person aged 16 or older is competent to make a will and that a will must be in writing. It also explains signature and witness requirements. Those formalities matter because the Master of the High Court and the executor will later rely on the document.

Legal Aid South Africa's public guidance lists practical information needed for drafting a will, including executor details, spouse details, marriage regime, marriage certificate, divorce papers where relevant, and beneficiary information.

What to do next

Make two lists. The first list is people: spouse, children, former spouse, dependants, intended beneficiaries, executor and guardians. The second list is property: house, vehicles, bank accounts, policies, retirement benefits, business interests, loans, debts and digital accounts.

Then decide what worries you most. It may be guardianship, a family dispute, protecting a vulnerable beneficiary, or making sure the executor can find everything.

Costs and timeframes

A simple will may be quicker and cheaper than estate planning involving trusts, companies, offshore assets or complex family arrangements. Ask whether the quoted fee covers consultation, drafting, revisions, signing guidance and storage.

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