Quick answer
Prepare your identity details, marriage documents, family information, asset list, debt list, beneficiary names, executor choice and any wishes about minor children. The lawyer does not only need to know who gets what. They need to understand your estate, your family structure and the risks that could make the will hard to administer later.
Key takeaways
- Prepare your identity details, marriage documents, family information, asset list, debt list, beneficiary names, executor choice and any wishes about minor children. The lawyer does not only need to know who gets what. They need to understand your estate, your family structure and the risks that could make the will hard to administer later.
- 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.
- 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.
- This estate planning, wills and trusts article is general information and still needs legal review for specific facts.
Documents and facts to prepare
- ID document.
- Marriage certificate or antenuptial contract.
- Divorce order and settlement agreement, if relevant.
- Names and ID numbers of beneficiaries.
- Names and ID numbers of children.
- Asset list and approximate values.
- Bond, loan and credit records.
- Policy and retirement fund information.
- Trust deed or company documents, if relevant.
- Details of the proposed executor and guardian.
Common mistakes
- Asking a beneficiary to witness the will.
- Forgetting to update a will after divorce, remarriage or a new child.
- Naming an executor without checking whether that person can serve.
- Leaving out debts and policies.
- Using vague wording for personal items that may cause family conflict.
- Keeping the signed will somewhere no one can find it.
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.
FAQs
Can I write my own will?
A will can be handwritten, typed or printed, but it must comply with formal requirements. Mistakes with signatures, witnesses or wording can create problems after death.
Who should I choose as executor?
Choose someone capable, available and trustworthy. Ask about fees, practical workload and whether a professional executor or co-executor is more suitable.
Do I need to list every asset?
You should prepare a full asset list for the consultation even if the will uses broader wording. The lawyer needs to understand the estate before drafting.
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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.