4Will · Plain-language guide
Wills in South Africa: what they are and how they work
A will is one of the few documents that speaks for you when you no longer can. This guide explains, in plain language, how wills and deceased estates actually work in South Africa: no legal jargon, no assumptions.
Section 1What a will is, and what happens without one
A will (or “last will and testament”) is a legal document that says what should happen to your money, property and possessions after you die, who should look after your children, and who should be in charge of carrying out your wishes. The person who makes the will is the testator.
If you die without a valid will, you die “intestate”. This doesn't mean the government takes everything, but it does mean you lose all say over what happens. Instead, a fixed legal formula in the Intestate Succession Act 81 of 1987 decides who inherits.
No will means the law writes one for you: the same standard formula for everyone, regardless of your family, your wishes, or your relationships.
Under that formula, if you're survived by a spouse and children, your spouse inherits the greater of a child's share or R250,000, and the children share the rest. If you have no spouse or children, your estate moves to parents, then siblings, then more distant relatives. Only if no relatives can be traced at all does the estate eventually go to the State.
The problem isn't that the formula is unfair: it's that it can't know your life. It doesn't recognise a life partner you never married, a stepchild you raised, a friend you wanted to help, or a charity close to your heart. It also can't name a guardian for your children. A will fixes all of that.
Section 2Who can make a will, and the rules that make it valid
Almost any adult can make a will. Under the Wills Act 7 of 1953, you can make a valid will if you are:
- 16 years or older, and
- mentally capable of understanding what you are doing and the effect it will have.
That's the easy part. The part that trips people up is the formalities: the specific steps the law requires for a will to count. Get one of them wrong and the whole will can be declared invalid, no matter how clearly it sets out your wishes. The next section walks through them.
Section 3Signing a will: the rules that catch people out
For a will to be valid in South Africa, all of the following must happen:
- 1It must be in writingTyped or handwritten, but a real, printed document. It cannot exist only as a voice note, a video, or a message on your phone.
- 2You sign at the endYou (the testator) sign the will at the very bottom of the last page, and sign or initial every other page.
- 3Two witnesses watch you signTwo competent people, both at least 14 years old, must be present at the same time and actually watch you sign.
- 4The witnesses sign tooIn your presence (and each other's), the two witnesses sign the will to confirm they saw you sign it.
Your witnesses and their spouses should never be people you are leaving something to in the will. Signing as a witness can disqualify that person from inheriting. The same caution applies to anyone you name as executor or guardian. Always use independent witnesses with nothing to gain from the will.
“Can't I just do it all on my phone?”
This is the question that matters most, because so many documents today live on a screen. The honest answer: a will you only create digitally is not legally valid on its own. South Africa's Electronic Communications and Transactions Act specifically excludes wills, so a typed file, an email or a WhatsApp message is not, by itself, a valid will.
There is a safety valve: under section 2(3) of the Wills Act, a court can be asked to accept a document that doesn't meet the formal rules, including in some cases an electronic one, if it's clear the person drafted it and intended it to be their will. But this is a discretionary court application that happens after death. It's slow, costly, stressful for your family, and never guaranteed.
4Will makes the hard part, writing a clear and complete will, quick and simple on WhatsApp, then gives you a print-ready document. To make it legally binding, you print it, sign it, and have two independent witnesses sign it with you in the room. The phone does the drafting; paper, ink and two witnesses do the rest.
Section 4What goes into a will
A good will covers more than just “who gets what”. The main building blocks are:
The people who inherit
Your beneficiaries are the people or organisations you leave something to. A specific gift such as “my car to my brother” is a legacy (or bequest), and the person receiving it is a legatee. Whatever is left over after all the specific gifts, debts and costs is the residue, and it goes to your residuary heir(s).
The executor
The executor is the person you put in charge of winding up your estate: gathering your assets, paying your debts, and handing out what's left. Choosing someone capable, and naming a backup, prevents delays later.
Guardians for your children
If you have children under 18, you can name the guardian you trust to raise them if both parents die. This is often the single most important reason a young parent makes a will.
Looking after a young child's inheritance
Children can't legally manage an inheritance. If your will is silent, their money goes into the Guardian's Fund, held by the Master of the High Court until they turn 18. Many parents prefer to set up a testamentary trust so a chosen trustee can manage and release the money for the child's benefit on terms you decide.
A testamentary trust lets you say, in effect: “Hold this money for my child, pay for their schooling and needs, and hand the rest over when they're 21” rather than a lump sum at 18.
Section 5After death: how an estate is wound up
When someone dies, their assets and debts together form their deceased estate. Winding it up follows a set process overseen by the Master of the High Court:
- The estate is reported to the Master, usually by the family or the nominated executor.
- The executor is formally appointed. For estates worth more than R250,000, the Master issues a Letter of Executorship. For smaller estates, a simpler process applies.
- The executor collects the assets, pays the debts, deals with SARS, and draws up a Liquidation and Distribution (L&D) account.
- The account is advertised and lies open for public inspection so that creditors and interested parties can check it.
- What's left is distributed to the beneficiaries, and the estate is closed.
Even a straightforward estate usually takes several months to wind up. A clear, valid will with a named executor is the single biggest thing that keeps the process smooth and quick.
Section 6What it costs: fees and estate duty
The executor's fee
The law sets a maximum executor's fee of 3.5% of the gross value of the estate's assets, plus VAT if the executor is VAT-registered, and 6% on any income the estate earns after death. Crucially, this is a ceiling, not a fixed price: you can negotiate a lower fee and record it in your will.
Other costs
An estate also carries smaller costs: Master's fees, advertising the L&D account, the estate's own bank account, and possibly a bond of security. Where property is sold or transferred, conveyancing fees apply.
Estate duty
Estate duty is the tax on the value of a deceased estate. The good news for most families: every estate gets a tax-free abatement of R3.5 million. Only the value above that is taxed, at 20% up to R30 million and 25% above R30 million.
Anything you leave to your spouse is exempt from estate duty, and an unused abatement can roll over to them (up to R7 million on the second death). For the large majority of ordinary South African estates, no estate duty is payable at all.
Section 7When to update your will
A will isn't a “set it and forget it” document. Review it whenever life changes:
- You marry or enter a long-term partnership: your old will may no longer reflect your wishes.
- You divorce. The law gives you a three-month grace period: if you die within three months of divorcing, your ex-spouse won't inherit under your old will. After three months, the old will stands as written, so update it promptly.
- A child is born or adopted.
- A beneficiary or your executor dies.
- You buy a property or your finances change significantly.
Even without a big life event, it's worth re-reading your will every few years to be sure it still says what you want.
QuestionsFrequently asked questions
How old do I have to be to make a will?
You can make a valid will from age 16, as long as you're mentally capable of understanding what you're doing. The two witnesses must be at least 14.
Is a will I create on WhatsApp or my phone legally valid?
Not on its own. South African law still requires a will to be a written document that you sign on paper in front of two witnesses who also sign. A document drafted on WhatsApp or a computer is the starting point, and it becomes valid once it's printed, signed and properly witnessed.
A court can sometimes accept an unsigned electronic document after death under section 2(3) of the Wills Act, but that's an expensive, uncertain process and not something to rely on. Always print, sign and witness your will.
How many witnesses does a will need?
Two. Both must be at least 14, mentally competent, and both present at the same moment when you sign. They then sign the will themselves. Don't use beneficiaries (or their spouses) as witnesses.
Can a witness to my will also inherit from it?
It's risky. A person who witnesses the will, or their spouse, is generally disqualified from inheriting under it. Choose independent witnesses who aren't beneficiaries, executors or guardians named in the will.
What happens if I die without a will?
You die "intestate", and the Intestate Succession Act decides who inherits. A fixed formula divides your estate among your spouse and children (or other relatives). A surviving spouse inherits the greater of a child's share or R250,000. You lose all say over who inherits, who raises your children and who winds up your affairs.
Who is the executor and how are they appointed?
The executor winds up your estate, paying debts, collecting assets and distributing the rest. You nominate them in your will, but they're only formally appointed once the Master of the High Court issues a Letter of Executorship. If you don't name one, the Master appoints someone.
How much does an executor get paid?
The legal maximum is 3.5% of the gross value of the estate's assets, plus VAT if applicable, and 6% on income earned after death. It's a maximum: you can negotiate a lower fee and record it in your will.
What is estate duty and when is it payable?
It's the tax on a deceased estate's value. Every estate gets a R3.5 million tax-free abatement; above that, duty is 20% up to R30 million and 25% beyond. Anything left to a spouse is exempt, and unused abatement can roll over to them, so most ordinary estates pay none.
Can I name a guardian for my children?
Yes, and it's one of the most important reasons to have a will. You nominate who should raise your children if both parents die. Without it, a court decides.
What happens to money left to my young children?
Minors can't manage an inheritance. If your will makes no other arrangement, the money goes into the Guardian's Fund (held by the Master) until they turn 18. Many parents set up a testamentary trust instead, so a trusted trustee manages it on more flexible terms.
Does getting married or divorced affect my will?
Marriage doesn't automatically cancel a will, but you should update it. After divorce there's a three-month grace period: die within three months and your ex won't inherit under the old will. After that, it stands as written, so update it promptly.
How often should I update my will?
Review it after any major life event: marriage, divorce, the birth of a child, the death of a beneficiary or executor, buying property, or a significant change in your finances. Even without big changes, read through it every few years.
Where should I keep my will?
Keep the signed original safe and dry, and make sure your executor knows where it is. Only the signed original can be lodged with the Master: a copy or scan isn't enough on its own.
Is a will the same as a living will?
No. A will deals with who inherits after you die. A living will sets out your wishes about medical treatment if you can't speak for yourself while still alive. They're separate documents with separate purposes.
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Start your willThis guide is general information about how wills and deceased estates work in South Africa. It is not legal, tax or financial advice and does not take your personal circumstances into account. Laws, tax thresholds and fees can change. For advice on your specific situation, consult an attorney, a fiduciary practitioner or a registered financial adviser. Figures cited (estate duty, executor's fees and intestate shares) reflect the position as at 2026.