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Information sheetWills and estates · No. 406

Wills and estate basics

A plain-language introduction to wills and estate planning basics for South Africans, and why they matter.

2 min read · Awareness resource · Reviewed 2026-09-15

Thinking about a will can feel uncomfortable, but having one is one of the kindest things you can do for the people you love.

What it is

A will is a legal document that sets out how you want your assets distributed, who should care for your minor children, and who should manage your estate after you die. An estate is everything you own - property, savings, investments, and belongings - minus what you owe. Without a valid will, South African law (through the rules of intestate succession) decides how your estate is divided, which may not match your actual wishes.

Signs to notice

It's worth reviewing or creating a will if:

  • You don't currently have one at all.
  • You've had a major life change - marriage, divorce, a new child, or a significant change in assets.
  • Your current will hasn't been reviewed in several years.
  • You have specific wishes about guardianship for minor children that aren't documented anywhere.
  • You own property, a business, or assets in more than one country.

What helps

  • Start simple. A will doesn't need to be complicated to be valid - what matters is that it clearly reflects your wishes and meets legal requirements (in writing, signed, and properly witnessed).
  • Choose an executor you trust, someone willing and able to manage the practical and administrative work of winding up your estate.
  • Name a guardian for minor children explicitly, if this applies to you - this is one of the most important reasons many parents create a will.
  • List your assets and debts so your executor and family have a clear picture to work from.
  • Review your will every few years, or after any major life event, to make sure it still reflects your circumstances and wishes.
  • Talk to your family, where appropriate, about your wishes - this can prevent confusion or conflict later, though it's a personal choice.
  • Keep your will somewhere safe and known - a will no one can find is as good as no will at all.

When to reach out for help

Consider getting professional help drafting or reviewing a will if your estate is complex - business interests, property in multiple countries, blended family arrangements - or if you simply want peace of mind that it's done correctly.

Getting help in South Africa

Many banks, insurers, and attorneys offer will drafting services, sometimes at no cost as part of a broader financial relationship. Legal Aid South Africa can assist qualifying individuals. Thinking about mortality can bring up difficult emotions - Cleared Mind's EAP counsellors are available if you'd like support processing these feelings alongside the practical planning.