Quick answer
Collect the complete current will and codicils, the final divorce or annulment order and incorporated settlement, proof of the new marriage and antenuptial contract where applicable, current ownership records, beneficiary and dependant information, executor and trustee choices, policies and retirement nominations, trust and business instruments, liabilities and any foreign will or asset evidence. These documents show what changed and which arrangement controls each asset or role.
Key takeaways
- Prove the final dissolution date with the court order because section 2B turns on that event.
- Keep the entire operative will, not only the page mentioning the former spouse.
- Use current ownership evidence after settlement transfers and under the new marriage.
- Add external nominations, trust and business records because the will may not control them.
- Record missing or disputed documents rather than supplying a convenient assumption.
How to use this guide
Create an index with date, custodian, status and question answered. Mark court papers, unsigned settlements and draft wills accurately; they are not substitutes for the final order or executed document. Preserve originals and use complete legible working copies unless the adviser requests inspection.
1. The current will and every codicil
Locate every signed original, codicil and later amendment, plus any joint or foreign will. Record execution date, page count, custodian, number of duplicate originals and whether a replacement or revocation was attempted. Keep unsigned drafts clearly marked.
The entire document matters. A former spouse may appear as beneficiary, executor, trustee, guardian, substitute or recipient of the residue. A change to one clause can affect the interpretation of another. Do not detach pages or write corrections on the original.
2. The final divorce or annulment evidence
Provide the final court order and any settlement or consent paper incorporated into it. Record the date the marriage was dissolved or annulled and the court. Keep proof of any appeal, variation or later implementation order if relevant.
Section 2B refers to dissolution by a competent court. Separation dates, negotiation emails and an unsigned draft settlement do not prove the same event. If the order is missing or unclear, obtain a reliable copy before treating the date as confirmed.
3. Settlement implementation records
Collect transfer documents, deeds information, payment records, pension-interest implementation, sale agreements and other evidence showing whether the divorce-order obligations were completed. Create a table with ordered result, responsible person, current status and outstanding step.
Do not list property as retained or transferred only because the settlement required it. The will must reflect present legal ownership and unresolved obligations, not the hoped-for end state.
4. New marriage and property records
For remarriage, include the marriage certificate and antenuptial contract where one exists, plus any court-approved or other authoritative document affecting the property system. Record the date of marriage and legal names.
The matrimonial-property framework helps classify ownership, but it does not replace deeds, account, company or trust records. Pair the marriage documents with a current asset schedule showing the legal owner of each item.
5. Current identity and family schedule
Prepare a private schedule for the former spouse, current spouse or partner, children, adopted children, intended stepchild beneficiaries, other dependants and any person whose position needs advice. Use full legal names or unambiguous descriptions and record relationship changes.
For minors or vulnerable beneficiaries, include only necessary care and support facts. A will review should not become a repository for irrelevant family-court, health or school records.
6. Updated ownership and debt evidence
For immovable property, use deeds or reliable title information, bond statements and pending transfer documents. For accounts, investments, vehicles and valuable movables, use current statements or registrations. For liabilities, gather loan, guarantee, tax, maintenance and disputed-claim records.
Mark values as confirmed, estimated or unknown. The key first question is ownership and control. A person cannot bequeath property held by a trust or company simply because it is used as a family asset.
7. Policies, retirement interests and nominations
Collect current policy schedules, retirement-fund and employment-benefit details, nomination forms and provider acknowledgements. Note the owner, insured life, nominee and confirmation date where relevant.
These documents show whether the former spouse remains named outside the will and whether a new nomination has actually been received. Ask the provider or adviser which legal and contractual rules govern each benefit.
8. Trust and business instruments
Include trust deeds and amendments, letters of authority, trustee records, loan accounts and relevant resolutions. For businesses, collect ownership registers, founding records, shareholder or partnership agreements, buy-and-sell arrangements, loans and key policies.
Identify the testator's personal interest instead of listing entity assets as personal property. The will may need coordination with a trust deed or business agreement, but cannot silently amend it.
9. Beneficiary and appointment records
Prepare a comparison table with old will reference, current person or organisation, intended new result and supporting identification. Cover specific gifts, residue, substitutes, executor, trustee and guardian nominations. Record willingness and alternatives for responsible roles.
If the intention is to continue a benefit for the former spouse, state that for independent advice. If the intention is exclusion, identify any maintenance, settlement or contractual issue that could remain outside the will.
10. Foreign connections and other wills
Gather residence and citizenship evidence, foreign property or account records, foreign wills and professional advice already obtained. Identify where each asset is situated and which will claims to govern it.
A South African replacement can accidentally revoke or conflict with another instrument. Cross-border succession advice should precede any broad revocation clause.
Protect the file
Use encrypted storage and a verified professional address. Redact passwords, unnecessary identity numbers and third-party private detail from ordinary correspondence. Retain a controlled list of originals and copies.
The completed file should prove the legal events and ownership map while keeping the testator's instructions separate. Documents inform the decision; they do not make the decision for the testator.
This is general South African information. The lawyer should determine which documents are necessary and how disputed or sensitive records should be handled.
Additional FAQ
Do title deeds and shareholder agreements matter to a will update?
They can. A title record helps verify ownership, while a shareholders' agreement may control transfer, valuation or buy-out events separately from the will. Bring the current instruments and do not assume the will can override their legal effect.
FAQs
Which divorce document matters most for the will review?
Use the final divorce or annulment order and any incorporated settlement, not only correspondence or a draft consent paper. Record the final order date and whether property-transfer obligations have been completed.
Do I need the antenuptial contract after remarriage?
Yes, where applicable. It helps establish the matrimonial-property framework for the new marriage. Also provide the marriage certificate and current ownership evidence; the contract does not replace the asset map.
Should I bring policy and retirement nominations?
Yes. They may operate under provider, fund or contractual rules outside the will, but the current forms and acknowledgements are necessary to coordinate the overall plan.
Do title deeds and shareholder agreements matter to a will update?
They can. A title record helps verify ownership, while a shareholders' agreement may control transfer, valuation or buy-out events separately from the will. Bring the current instruments and do not assume the will can override their legal effect.
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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.