Quick answer
Ask for a written scope that separates review of the current will, the final divorce or new-marriage documents, ownership analysis, drafting, revisions, signing and original custody. Then ask which additional work—matrimonial-property, trust, business, tax, financial or foreign-law advice—is excluded or separately priced. Give the adviser the final dissolution date and any genuine health, capacity, travel or remarriage deadline so the sequence can be prioritised lawfully.
Key takeaways
- Separate the will update from interpretation or implementation of the divorce order.
- Ask which current-marriage and ownership facts must be verified before drafting.
- Distinguish fixed drafting work from specialist hourly or separately quoted tasks.
- Confirm revisions, execution support, independent witnesses and original storage.
- Keep executor nomination and future administration remuneration separate from today's fee.
How to use this guide
Do not compare only the first fee. A cheap name change may leave the old asset map, former-spouse appointments, external nominations and section 2B questions untouched. A proper quote should identify the outcome, assumptions, responsible professional and point at which extra authority is required.
1. Is this a clause change or a full plan review?
Ask whether the provider will only replace a former spouse's name or review the whole document. A responsible scope should consider beneficiaries, substitutes, residue, executor and trustee appointments, minor or dependant provision, asset ownership and arrangements outside the will.
Request the review output in writing. It may be a replacement will plus an open-issue note, or a broader estate plan with specialist tasks. Avoid a mandate that promises a “will update” without stating what will not be reviewed.
2. Is divorce-order work included?
The final order and incorporated settlement may affect ownership, transfers, maintenance and contractual obligations. Ask whether the wills practitioner will interpret those provisions, require family-law input or assume that all ordered transfers are complete.
If property implementation remains outstanding, request a separate scope and responsible adviser. The will draft should not silently treat an asset as transferred or retained because that produces the desired clause.
3. What does section 2B change about timing?
Provide the date of the final divorce or annulment order. Ask how section 2B applies to the actual pre-divorce will and what work should happen immediately. The three-month rule is a limited implementation rule where death occurs in that period, not a promise that the old plan is safe until the period ends.
Ask for the earliest safe milestone: independent instructions, verified facts, first draft, final review and compliant signing. If a broader plan will take longer, discuss whether a focused interim solution is appropriate and what it leaves unresolved.
4. What does remarriage add to the scope?
For a new or planned marriage, ask whether the matrimonial-property position and antenuptial contract are confirmed, whether family-law or notarial advice is needed and which assets may form part of each estate. The will should be based on legal ownership, not a household spreadsheet alone.
Request a separate fee for any antenuptial, postnuptial, trust, transfer or family-law work. A will-drafting quote should not imply that it changes the matrimonial-property regime.
5. Which specialist reviews are separate?
List trusts, businesses, shareholder agreements, foreign assets, policies, retirement interests, tax exposure, liquidity problems, minor beneficiaries and dependant claims. Ask which professional handles each item and whether the quote includes coordination or only a referral.
Where estimates are required, ask for assumptions and revision triggers. A tax or liquidity model may need updated values after the first will draft; the fee structure should show how that iteration is handled.
6. How many meetings and revisions are covered?
Confirm the instruction meeting, document-reading time, first draft, explanation, included changes and final signing version. Ask whether a change caused by a missing settlement, new beneficiary choice or ownership correction is included or treated as a new instruction.
Agree on who may give instructions. The testator should approve every substantive decision independently. A current spouse or adult child should not become the authorised editor of the will merely because they pay the account.
7. What can delay completion?
Possible dependencies include a missing final order, unresolved transfer, uncertain marriage regime, old joint will, unavailable trust deed, unclear business ownership, foreign advice, tax calculation, capacity concern or difficulty arranging the correct signing process.
Ask the provider to classify each item as blocking, confirmable later or requiring a separate task. Do not let an invented ownership answer become a drafting assumption simply to preserve the advertised delivery date.
8. Is signing assistance included?
Ask whether the firm supervises signing, supplies independent competent witnesses, checks page order and signatures, or only sends instructions. If the testator cannot sign normally, clarify Commissioner of Oaths attendance, travel and any added fee before the final document is prepared.
Health, mobility, language or capacity issues should be disclosed at booking. The practitioner may need an independent meeting or other safeguards that affect both time and price.
9. How will original custody work?
Confirm who holds the signed replacement, how earlier originals are handled, what retrieval evidence is issued and whether storage is included. Ask about release charges, closure or transfer of the firm, duplicate originals and access by the nominated executor after death.
Do not destroy the old original until the new will is validly executed and the revocation plan has been checked. Storage is part of completion, not an optional administrative afterthought.
10. Are executor and administration costs separate?
Ask whether the provider expects nomination as executor, what alternatives exist, what future remuneration basis may apply and whether any administration mandate is being signed now. The Master grants formal authority after death; the current drafting fee is not the same as later estate work.
Request a side-by-side explanation of drafting, custody, executor nomination, estate administration and any financial product. This prevents a low current price from obscuring a long-term appointment.
A useful quote comparison
Compare providers using columns for current-will review, divorce or marriage analysis, ownership map, specialist work, drafts, meetings, signing, storage, executor arrangement, total fee assumptions and target milestones. Ask each provider to state what would change the quote.
The best proposal is not automatically the fastest or cheapest. It is the one that identifies the real legal work, controls execution and produces an update that matches verified facts.
This is general South African information and not a fee estimate. The actual cost and timing depend on the mandate, documents, complexity and testator's circumstances.
Additional FAQ
Does a will-update quote include checking beneficiary nominations?
Only if the written scope says so. Retirement funds, policies and employment benefits may follow separate nomination or statutory processes, so ask whether the provider forms will be reviewed and whether advice from another specialist is excluded or separately charged.
FAQs
Should a will update have a separate quoted fee?
Ask for the work to be itemised. The quote should distinguish will review and drafting from divorce-order interpretation, matrimonial-property, trust, business, tax, financial or foreign-law work.
Does the section 2B period set the lawyer's deadline?
No universal professional turnaround follows from section 2B. Give the adviser the final dissolution date and health or travel facts so the immediate lawful work and broader plan can be prioritised.
Should I ask about executor fees when updating the will?
Yes. Separate the present drafting fee from future executor or estate-administration remuneration, original custody and any bundled appointment. The drafter does not automatically have to be the executor.
Does a will-update quote include checking beneficiary nominations?
Only if the written scope says so. Retirement funds, policies and employment benefits may follow separate nomination or statutory processes, so ask whether the provider forms will be reviewed and whether advice from another specialist is excluded or separately charged.
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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.