How to Write a Will in South Africa (Step-by-Step Guide)

By / October 28, 2025

Learn exactly how to draft, sign, and store a legally valid South African will. This step-by-step guide covers witnesses, executors, […]

How to Write a Will in South Africa (Step-by-Step Guide)

Learn exactly how to draft, sign, and store a legally valid South African will. This step-by-step guide covers witnesses, executors, guardians, trusts for minors, common mistakes, and a free plain-language template.

Quick Summary

  • A valid South African will must be in writing, signed by the testator on every page, and witnessed by two competent witnesses who are not beneficiaries.
  • Use your will to appoint an executor, nominate a guardian for minor children, set up a testamentary trust, and distribute both specific items and the residue of your estate.
  • Do not sign electronically and do not let any beneficiary (or their spouse) witness the will.
  • Keep the original safe and review your will after life changes (marriage, divorce, birth, death, major asset changes).

Why you need a will in South Africa

A will (also called a “last will and testament”) is a written instruction that tells the world who should inherit your assets, who should wind up your estate, and who should care for your minor children. Without one, your estate is dealt with under intestate succession, a default family-tree formula that may not reflect your wishes. That can delay transfers, increase costs, and create conflict—especially with blended families, life partners, business interests, or foreign assets.

A will allows you to:

  • Choose your heirs and protect vulnerable beneficiaries (e.g., minors, dependants with disabilities) through a trust.
  • Appoint an executor you trust and define their powers—reducing delays and confusion.
  • Nominate a guardian for minor children and specify how their maintenance and education must be funded.
  • Direct specific bequests (e.g., family home, heirlooms, vehicles) and handle the residue cleanly.
  • Plan for tax and administration, simplifying the estate process for your family.

Before you start: gather the right information

Invest a few minutes to prepare. It makes drafting cleaner and avoids omissions.

  1. Personal and family details
    • Full names, ID numbers, marital status, and marital property system (in community of property / out of community with or without accrual).
    • Names and ID numbers of spouse/partner, children (including adopted), stepchildren, and any dependants.
  2. Asset and liability inventory
    • Property (erf numbers, sectional titles), vehicles, bank/investment accounts, retirement funds, crypto, shares, livestock/equipment, intellectual property.
    • Life policies and their nominated beneficiaries (these may pay outside the estate if properly nominated).
    • Business interests (company shares, member’s interest, partnership agreements).
    • Debts and sureties.
  3. Beneficiaries and gifts
    • Who should receive what (specific items and percentages).
    • Instructions if a beneficiary predeceases you (e.g., “per stirpes” to their children).
  4. Executor and substitutes
    • Trusted person(s) or a professional firm. Consider a substitute in case the first nominee cannot act.
  5. Guardianship of minor children
    • Primary and substitute guardians, plus guidance on schooling, religion, and care.
  6. Trust for minors or vulnerable beneficiaries
    • Whether to create a testamentary trust, trustees’ names and powers, and at what age beneficiaries should take control (e.g., 21/25).
  7. Special wishes
    • Funeral/burial/cremation preferences, organ donation note (these are not dispositive but provide guidance).
    • Digital assets (email, cloud drives, social media) and where credentials are stored.

Step-by-step: drafting a valid South African will

Step 1: Use a clear title and revocation clause

Start with a title such as “Last Will and Testament of [Full Name, ID Number]” and a short clause revoking all prior wills and codicils to avoid confusion.

Step 2: Identify yourself and your marital property system

State your full names, ID number, physical address, and your marital regime. This matters because a marriage in community of property means the joint estate is split and only your half is disposed of by your will. Note any ante-nuptial contract or accrual.

Step 3: Appoint your executor (and a substitute)

Name a person or professional to handle your estate. Consider:

  • A primary and substitute executor.
  • Authorisation to act with full powers (e.g., to realise, invest, and distribute assets, operate accounts, continue a business temporarily, and sign transfer documents).
  • Remuneration: either “according to the tariff prescribed from time to time” or a negotiated percentage. You may also reduce or waive fees.

Step 4: Nominate guardians for minor children

If a parent with parental responsibilities dies leaving minor children, guardianship becomes crucial. Nominate a guardian and a substitute. Provide a letter of wishes for practical guidance. Guardianship nominations in a will are persuasive and commonly given legal effect when the estate is wound up.

Step 5: Specific bequests (legacies)

List any items or sums of money to specific people or entities. Be precise (e.g., “my motor vehicle described as [make/model/registration]” or “the property described as Erf [number], [municipality]”). Clarify whether the bequest is free of estate expenses or subject to them.

Step 6: Create a testamentary trust (if needed)

For minor or vulnerable beneficiaries, create a trust that springs into existence on your death:

  • Name the trust (e.g., “The [Surname] Family Testamentary Trust”), its purpose, and termination age.
  • Appoint trustees and a substitute; allow the executor or family to nominate an additional independent trustee if a conflict arises.
  • Grant powers (invest, hold, and apply income/capital for maintenance, education, health, housing, transport; acquire/lease property; reimburse guardians for reasonable costs; employ advisers).
  • Require annual financial statements and periodic distributions at the trustees’ discretion, guided by your letter of wishes.

Step 7: Residuary clause

After specific bequests, deal with “all the rest, residue and remainder” of your estate. For example: “I bequeath the residue of my estate to my spouse, failing whom to my children in equal shares, per stirpes.” The residuary clause prevents partial intestacy.

Step 8: Funeral wishes and digital assets

Include brief non-binding guidance:

  • Funeral/burial/cremation/organ donation.
  • Where your digital credentials (password manager master key, recovery codes) are stored and who may access them, subject to applicable privacy/security laws.
    Keep sensitive credentials outside the will; use a sealed memorandum or password manager.

Step 9: Flexibility clauses

Empower your executor and trustees to adapt (e.g., sell or retain assets, compromise claims, accept property in lieu of cash). You may also authorise the executor to set up or fund the testamentary trust.

Step 10: Sign and witness correctly

Formalities are strict:

  • The will must be in writing (typed or handwritten).
  • The testator signs (or makes a mark) on every page and at the end of the will.
  • Two competent witnesses (not beneficiaries and not spouses of beneficiaries) must sign the last page in your presence and in each other’s presence.
  • If you sign by mark or someone signs on your behalf, attach the required Commissioner of Oaths certificate and follow the additional formalities.
  • Electronic signatures are not valid for wills; sign with a pen.

Best practice: witnesses also initial each page (even when not strictly required), and everyone signs with the same date and place recorded.

Step 11: Store the original and tell someone you trust

The original must be lodged with the Master of the High Court after death when the estate is reported. Keep it in a fire-safe, bank safe custody, or attorney’s vault. Tell your executor/next of kin where the original is and keep a copy elsewhere. There is no central registry for wills during your lifetime.

Step 12: Review and update

Update your will after major life events: marriage, divorce, birth or adoption, death in the family, business sale, emigration/immigration, or significant asset changes. Minor tweaks can be done with a short, properly executed codicil referencing the original will’s date.

Special situations and South African nuances

Marital property systems

  • In community of property: Your and your spouse’s assets and liabilities form a joint estate. Your will disposes of your half.
  • Out of community without accrual: Separate estates during marriage and on death.
  • Out of community with accrual: At dissolution, a claim for the accrual (growth difference) may arise, which the executor must account for before distribution.

Cohabitants and life partners

South African law does not automatically treat life partners like spouses for inheritance via intestacy. If you want your partner to inherit, say so explicitly in a will.

Customary and polygynous marriages

Customary marriages must be considered, including the presence of multiple spouses. A well-planned will can prevent disputes by making clear, fair provisions and, where appropriate, creating separate trusts or specific bequests to different households.

Minor children and maintenance

You are free to decide how to distribute your assets, but maintenance obligations for surviving spouses and minor children can create claims against the estate. A testamentary trust with clear maintenance instructions often provides the best practical solution.

Business owners

Coordinate your will with shareholder agreements, buy-and-sell policies, and key-person insurance. Give your executor power either to sell the business or to hold and transition it under guidance, avoiding forced sales at poor value.

Foreign assets

Assets in other countries may require a separate foreign will drafted to local formalities, or at least careful wording in your South African will to avoid revocation conflicts. Seek cross-border advice.

Life policies and beneficiary nominations

A life policy with a named beneficiary may pay directly to that person outside your estate (subject to conditions). Ensure your policy nominations align with your will and your liquidity plan for debts, taxes, and costs.

Taxes at death (at a glance)

On death, a deemed disposal for capital gains tax may occur, and estate duty may be payable after exemptions and deductions. Because tax rates, thresholds, and reliefs can change, confirm current rules with a tax practitioner when you update your will. Your executor must also consider administrative fees and the cash needed to settle liabilities.

Common mistakes that invalidate or derail wills

  1. Beneficiary (or their spouse) acting as a witness. Their benefit may be forfeited.
  2. Incorrect signing formalities. Missing signatures, wrong order, or not signing every page.
  3. No residuary clause. This leaves part of the estate to intestacy.
  4. No testamentary trust for minors. Children may only receive at 18; funds often end up with the Guardian’s Fund if no trust is created.
  5. Executor conflicts or impractical appointments. Appointing someone overseas or someone with severe conflicts without safeguards.
  6. Vague descriptions. Assets not properly identified cause delays and disputes.
  7. Outdated will post-divorce. Inertia often leaves ex-spouses as heirs or executors.
  8. No liquidity plan. Estates sometimes must sell prized assets to pay debts, taxes, or fees.
  9. Contradictions with policy beneficiaries. Misalignment leads to unintended outcomes.
  10. Hiding the original will. If it cannot be found, your carefully drafted plan may fail.

Plain-language South African will template (copy-and-paste)

Disclaimer: This template is generic educational material. Complex estates, foreign assets, business interests, special-needs beneficiaries, or family sensitivities warrant professional advice.

LAST WILL AND TESTAMENT OF [FULL NAME], ID NO. [__________]

1. REVOCATION
I revoke all prior wills and codicils made by me.

2. PERSONAL DETAILS
I am [full name], Identity Number [__________], of [physical address].
I am married [state marital status and regime, e.g., "out of community of property with accrual" / "in community of property to [spouse’s full name, ID]"].

3. APPOINTMENT OF EXECUTOR
I appoint [full name, ID, address] as Executor of my estate, with the power to act and to be exempt from furnishing security.
If he/she cannot act, I appoint [substitute’s full name] as substitute.
The Executor may realise, retain or invest assets, operate accounts, pay debts and expenses, and in general do all things necessary to administer and distribute my estate.
Executor’s remuneration shall be [the prescribed tariff / ___% plus VAT].

4. GUARDIANSHIP
Should I die leaving minor child(ren), I nominate [full name, ID] as guardian, failing whom [substitute’s name].

5. SPECIFIC BEQUESTS
I bequeath:
5.1 [description of item/property] to [beneficiary’s full name, ID].
5.2 [sum of R___] to [beneficiary].
(If any beneficiary predeceases me, his/her share shall devolve upon his/her descendants per stirpes, failing whom it shall fall into the residue.)

6. TESTAMENTARY TRUST FOR MINORS / VULNERABLE BENEFICIARIES
6.1 Should any beneficiary be under [age, e.g., 21/25] or be incapable of managing his/her affairs, I direct that his/her share be held in trust to be known as “The [Surname] Family Testamentary Trust”.
6.2 I appoint as trustees: [name 1], [name 2], failing whom [substitute].
6.3 Trustees shall hold, invest, and apply income and/or capital for maintenance, education, health, housing and general welfare, with discretion to make advances and distributions.
6.4 The trust shall terminate when the youngest such beneficiary attains [age] or earlier in the trustees’ discretion, whereupon capital and accrual shall be paid to him/her.

7. RESIDUARY BEQUEST
I bequeath the residue of my estate to [name], failing whom to [name/s] in equal shares per stirpes.

8. FUNERAL AND OTHER WISHES
It is my wish (not binding) that I be [buried/cremated] and that my organs be [donated/not donated] where lawful and feasible.

9. INTERPRETATION
Headings are for convenience only and shall not affect interpretation. Words importing one gender include the others; the singular includes the plural.

SIGNED at [place] on this [day] of [month] [year].

______________________________
[Full name], Testator/Testatrix (who signs on each page)

As witnesses to the signature of the Testator/Testatrix, each in the presence of the other and of the Testator/Testatrix:

1. __________________________  Name: __________  ID: __________  Address: __________________
2. __________________________  Name: __________  ID: __________  Address: __________________

If you sign by “mark” or someone signs on your behalf: attach the required Commissioner of Oaths certificate wording per the regulations.

Execution checklist (print and tick)

  • Full names and ID numbers of all parties.
  • Marital regime and spouse’s details (if applicable).
  • Executor and substitute named; powers and remuneration set.
  • Guardians for minor children nominated.
  • Specific bequests listed accurately; property described precisely.
  • Testamentary trust terms set (trustees, powers, termination age).
  • Clear residuary clause to avoid intestacy.
  • Will is dated, place stated, and testator signed every page.
  • Two competent witnesses signed the last page together, neither a beneficiary nor spouse of a beneficiary.
  • Original stored safely; executor/next of kin know its location.
  • Will reviewed after life changes.

Frequently asked questions

1) Must a South African will be notarised?
No. A will must follow the signing and witnessing rules. Notarisation is not required.

2) Can I handwrite my will?
Yes, provided it is in writing, signed correctly, and properly witnessed. Typed wills are neater and reduce interpretation risk.

3) Can I sign my will electronically?
No. Electronic signatures are excluded for wills. Sign with a pen in the physical presence of the witnesses.

4) Can a beneficiary witness my will?
Avoid this. A witness (and their spouse) is generally disqualified from receiving a benefit under that will. Use independent witnesses.

5) Do I need to register my will with a government office?
No registration during your lifetime. After death, your executor must report the estate to the Master of the High Court and lodge the original will.

6) What happens if I die without a will?
Your estate is distributed under intestate succession rules. This fixed pattern may not match your wishes and can create complications for life partners and blended families.

7) When should I review my will?
At least annually and after major events (marriage, divorce, births, deaths, business or asset changes, emigration).

8) Are my children or spouse guaranteed a share?
South African law respects freedom of testation, but maintenance claims by a surviving spouse or minor/dependant children can create claims against the estate. Plan for this with trusts and clear liquidity.

Practical tips to make your executor’s job easier

  • Keep a one-page asset map (accounts, policy numbers, where the title deeds and car papers are) separate from the will.
  • Use a password manager and leave recovery instructions in a sealed note.
  • Review beneficiary nominations on policies and retirement funds so they align with your will and liquidity plan.
  • Name a substitute for every important role (executor, guardian, trustee, principal heir).
  • Avoid mixing emotional bequests with vague language; photograph or serialise unique items and reference them clearly.
  • If you own a business, align your will with buy-and-sell agreements and ensure funding (e.g., life cover) exists.

Final word

A well-prepared will is one of the most valuable documents your family will ever handle. With a clear structure, correct formalities, and practical add-ons like a testamentary trust and liquidity plan, you can reduce delays, preserve value, and protect the people you care about. Use the template and checklist above to get a solid draft done, and then have a qualified professional review it—especially if you have a complex marital estate, foreign assets, business interests, or sensitive family dynamics.

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