Quick answer
Prepare a short instruction brief rather than arriving with an unstructured box of papers. Summarise the testator's identity, family and marriage position, significant assets and debts, intended beneficiaries, executor and substitute choices, any minor or dependant, arrangements outside the will, special signing or capacity concerns, and the decisions you need from the lawyer. Attach an index to the supporting documents and mark uncertain facts honestly.
Key takeaways
- Create a one-page family, ownership and instruction snapshot.
- State intended outcomes in plain language before discussing clauses or percentages.
- Separate confirmed facts, estimates and questions needing verification.
- Identify trusts, businesses, policies, retirement interests and foreign assets that may sit outside the will.
- Ask for a written next-step list, scope and compliant signing plan at the end.
How to use this guide
The meeting belongs to the testator. Another person may help assemble information, but should not dictate gifts or answer private questions for the person making the will. Tell the lawyer in advance if language, mobility, illness, medication, pressure from relatives or an unusual signing method may affect the consultation.
1. Write the purpose of the meeting
Begin with one sentence: first will, replacement, post-life-event update, coordinated spousal planning, minor-beneficiary planning, business succession or cross-border review. Add the event that prompted the work and any real date, such as travel, marriage, surgery or a recent divorce.
This prevents a basic drafting appointment from silently turning into an estate, tax, trust, family or commercial planning exercise. The lawyer can identify which work is included and which needs referral or a second mandate.
2. Prepare the family snapshot
List the current spouse or partner, former spouse where relevant, children, adopted children, stepchildren the testator intends to include, other dependants and anyone whose relationship or support position needs advice. Use full names or clear descriptions but keep identity numbers out of an ordinary email.
Record the marriage or relationship status and applicable document: marriage certificate, antenuptial contract, divorce order, civil-union record or customary-marriage information. Do not assume the legal property position from who paid for an asset or whose name appears on a household bill.
3. Build a practical ownership map
Use a table with asset, legal owner, approximate value, debt, controlling document and open question. Include immovable property, accounts, investments, vehicles, valuable movables, business interests, trust loan accounts, intellectual property and foreign assets.
The goal is not a perfect valuation. It is to show what the testator may own personally and which item is governed by another structure or contract. Mark each value as confirmed, estimated or unknown and bring the supporting title, statement or agreement where material.
4. Add liabilities and support obligations
Prepare a separate list of mortgages, loans, guarantees, taxes, maintenance duties, disputed claims and foreseeable estate costs. Identify secured assets and joint obligations. A distribution plan based only on gross assets can fail when debt and administration costs require cash.
Tell the lawyer about a person who depends on the testator even if the intended will excludes or limits that person. The relevant legal and factual position cannot be solved by leaving the name out of the draft.
5. State beneficiary outcomes before percentages
Describe what the testator wants to achieve: protect a spouse, provide for children, keep a business workable, preserve a home for temporary occupation, benefit a charity, create a substitute if someone dies first, or divide the residue. Then list the proposed beneficiaries and alternatives.
Do not begin with copied clauses or a total that happens to equal 100 percent. Ask what happens if an asset is sold, a beneficiary dies first, the estate lacks cash, a child is still a minor, or the relationship description changes before death.
6. Prepare appointments separately
List possible executors, substitute executors, trustees and guardians as separate roles. Record willingness, location, independence, skill, likely conflict and alternatives. The person who receives property does not automatically have to administer it.
Ask what the will can nominate and what later appointment depends on the Master or another legal process. Do not promise a proposed guardian or trustee that the label alone produces immediate authority in every circumstance.
7. Identify arrangements outside the will
Create a short register of policies, retirement interests, employment benefits, trusts, shareholder or partnership agreements, buy-and-sell arrangements and beneficiary nominations. Note the provider, governing document, current nominee and last confirmation date.
Ask which item the will controls and which needs a separate form, resolution or agreement. The consultation should coordinate the plan, not assume that identical percentages can be copied into every arrangement.
8. Flag specialist issues at booking
Tell the lawyer before the meeting about a foreign asset or will, business, trust, substantial tax or liquidity concern, pending divorce or remarriage, disputed ownership, family conflict, serious illness, cognitive concern, disability, language need or inability to sign in the ordinary way.
Early disclosure lets the firm allocate the right practitioner and plan an independent process. It also avoids using consultation time to discover that a necessary document, Commissioner of Oaths, interpreter or specialist is unavailable.
9. Take a controlled document index
Bring complete copies of the existing will and codicils, identity and civil-status records, key ownership documents, relevant trust and business instruments, policy and retirement confirmations, debt information and the private family schedule. Keep originals safe unless the lawyer requests them for inspection.
Index each file by date and purpose. A concise set of relevant records is more useful than years of unfiltered statements. Do not include passwords, irrelevant health information or third-party private records without advice.
10. Prepare questions and closing outputs
Write no more than ten priority questions. Cover what the will can control, ownership uncertainties, dependants, executor and trustee choices, witness arrangements, specialist referrals, costs, timing, revisions and original custody.
Before leaving, ask for:
- the facts or documents still required;
- the agreed drafting scope and exclusions;
- the responsible professional;
- the next deliverable and review date;
- the signing method and witness plan; and
- the original-storage and retrieval arrangement.
A successful first meeting does not require an immediate signature. It should convert the testator's aims and verified facts into a safe drafting route.
This is general South African preparation guidance. It cannot determine the correct clauses, ownership result or specialist scope for an individual estate.
Additional FAQ
Should I bring information about debts and guarantees, not only assets?
Yes. Mortgages, loans, suretyships, tax exposure and maintenance obligations affect estate liquidity and what a proposed gift can achieve. Identify the debtor, creditor, balance and supporting record, while marking any figure that still needs confirmation.
FAQs
Should my family attend the will consultation?
The testator must give independent instructions. A relative may help with logistics or documents if appropriate, but the practitioner may need to meet the testator alone to protect confidentiality and assess influence concerns.
Do I need to decide every beneficiary before the meeting?
No. Prepare intended outcomes, possible substitutes and the questions you cannot yet answer. The consultation should test the plan rather than hide uncertainty behind guessed names or percentages.
What is the most useful one-page preparation note?
Use a family and ownership snapshot, intended beneficiaries and roles, special issues, urgent dates and five unresolved questions. Link each fact to its supporting document instead of writing a long life history.
Should I bring information about debts and guarantees, not only assets?
Yes. Mortgages, loans, suretyships, tax exposure and maintenance obligations affect estate liquidity and what a proposed gift can achieve. Identify the debtor, creditor, balance and supporting record, while marking any figure that still needs confirmation.
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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.