Why You Need a Professionally Drafted Will
The Consequences of Dying Intestate
Dying without a valid will, known as dying “intestate,” means you surrender control of your legacy to the state. A rigid, impersonal legal formula will dictate who inherits your assets, which can lead to your partner being overlooked, dependents facing financial hardship, bitter family conflicts, and significant delays in accessing funds. A professionally drafted will is the only way to prevent this.
Without a valid will, your estate is distributed according to South Africa’s Intestate Succession Act, which may not reflect your wishes. A well-drafted will ensures your family’s security and prevents unnecessary disputes or delays.
Benefits of a Properly Drafted Will:
- New Will Drafting – We guide you through a comprehensive consultation to create a bespoke, legally watertight will from scratch. Customised wills that comply with the Wills Act (No. 7 of 1953) and your personal circumstances.
- Existing Will Review & Updates – A will is a living document. We recommend a review every 3-5 years or after any major life event (marriage, divorce, birth of a child) to ensure it remains valid and relevant. Assessing and updating outdated documents to ensure they reflect current law and family dynamics.
- Executor Appointments – Helping you nominate a capable executor or professional fiduciary.
- Guardianship & Minor Provisions – Including provisions for children, dependants, and guardianship where required.
- Secure Document Storage – We securely store original wills and provide certified copies for executors and family.
- The will must be in writing (typed or handwritten).
- The testator must be over the age of 16 and must sign each page in the presence of at least two competent witnesses.
- Witnesses must also sign the will in your presence and in the presence of each other and cannot be beneficiaries.
- The will must clearly identify heirs, assets, and executors.
- Unsigned or Incorrectly Witnessed Wills – Invalid under the Wills Act. The signing and witnessing of a will must follow a very specific procedure. Any deviation can invalidate the entire document.
- Ambiguous Language – Leads to misinterpretation and litigation.
- Forgetting about all your assets: Failing to account for all assets, such as digital assets or business interests, can create confusion and complications for your executor.
- Not Appointing a Guardian for Minor Children: A will is the only legal document where you can nominate a guardian to care for your children if you pass away. Forgetting this is a critical oversight.
- Outdated Executors or Beneficiaries – Fails to reflect current wishes.
- Using a DIY Template – Generic templates often fail to meet the strict legal requirements of the Wills Act, or contain ambiguous language that can lead to the will being challenged or declared invalid.
- Ignoring Mediation – The Gauteng High Court’s directive encourages mediation before estate litigation.
Learn About Court-Linked Mediation →
- You’ve had a change in marital status.
- You’ve bought or sold significant assets.
- You’ve moved offshore or changed residency.
- You’ve welcomed new beneficiaries.
- Your executor or trustee is no longer available.
- Learn About Estate Duty Planning →
- Expertise in Estate Law: Our wills are drafted with a deep understanding of the deceased estate administration process, ensuring a smooth experience for your executor and heirs.
- Holistic Advice: We advise on how your will interacts with other aspects of your estate plan, like trusts and property ownership.
- Preventing Costly Mistakes: Our professional service is a small investment to guarantee your family’s future is secure and prevent the costly disputes that a DIY will can cause.
- Compassionate & Discreet Service: We handle this sensitive and personal process with the care, respect, and confidentiality it deserves.
- Legal Precision: Wills compliant with the Wills Act.
- Personalised Service: Tailored to your family’s structure and needs.
- Accredited Mediation: Qualified under the Gauteng directive for dispute resolution.
- Comprehensive Support: Full estate, trust, and administration services.
Clear Answers • Peace of Mind
Will Drafting FAQs
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