Why Every South African Needs a Will

Alison de Jesus, Legal Associate, BDO Wealth Advisers

We don’t like to think about death, it feels uncomfortable, or even unnecessary to plan for. But the truth is, life is unpredictable, and one of the most compassionate gifts you can leave your loved ones is a valid will. A will is not just a legal document; it’s your voice when you are no longer here to speak.

The Heart of a Will: Protecting What Matters Most

A will is more than a legal document; it is an act of care that ensures your wishes are respected and your family is protected.

• Your Wishes Are Respected: Without a will, the Intestate Succession Act decides who inherits your property. That might mean someone you never intended benefits, while those closest to you may be left out.
• Your Family is Protected: Losing a loved one is already overwhelming. A will spares your family unnecessary legal stress, delays, and financial burdens by providing a clear plan.
• Your Children’s Future is Secure: For parents, a will is critical. You can appoint a guardian to raise your children and set up a testamentary trust to protect their inheritance until they are adults.
• Your Legacy Is in Trusted Hands: You can choose an executor, a person you trust, to manage your estate with integrity and professionalism. 

What Happens Without a Will?

Not having a won’t just leave questions unanswered; it can create painful and lasting consequences:

Young Families: A parent dies suddenly without a will. The estate is divided between the spouse and children, but because the children are minors, their inheritance must be placed in the Guardian’s Fund. The surviving parent cannot freely access the money for school fees or daily needs, leaving the family under unnecessary financial strain.

Blended Families: A husband passes away, leaving children from a previous marriage. Without a will, the law dictates how assets are divided, often leading to disputes between the spouse and children, sometimes tearing families apart.

Single Individuals: A young professional dies without a will. By law, their assets are distributed to their closest living relatives, which may include estranged parents or distant cousins. The person they were in a relationship with, or their closest friends, the people they may have wanted to benefit, receive nothing.

Each of these scenarios could have been avoided with a simple, well drafted will.

A Will Must Be Valid

It’s important to remember that not every document labelled “last will and testament” will hold up in law. Wills must comply with specific legal formalities to be valid. That’s why it’s wise to seek professional help when drafting yours, to ensure that your wishes will stand when they are most needed.

Keep Your Will Up to Date

Life changes, marriage, divorce, new assets, or a change in relationships, are all reasons to review and update your will. Reviewing and updating your will regularly keep it aligned with your true intentions.

A Loving Legacy

At its heart, a will says to your family: “I cared enough to plan ahead.” It brings peace of mind to you, and clarity and security to those you love.

This National Wills Week is the perfect time to take action. Don’t wait for tomorrow. Speak to a professional, draft or update your will, and give your family the gift of certainty in uncertain times.