Your easy will-drafting guide
Published on 28th August, 2025 at 01:48 pm
Most South Africans pass away without a valid will in place, leaving confusion and financial stress for families left behind. In this article, we’ll outline the key steps to drafting a valid will, plus other important considerations, so you can provide your family with much-needed clarity and peace of mind.
Reading time: 5 minutes
In this article, you’ll learn:
- Why it’s important to have a will
- What makes a will a valid legal document
- How to draft and store a will
The Master of the High Court reports that fewer than 1 in 6 South Africans have a valid will at the time of their death. If you don’t have a will, whatever you leave behind, under the Intestate Succession Act, goes to your children and spouse(s), and not necessarily to whom you wanted to leave your estate to.
Why you need a will
Less financial burden on your family. You can plan to reduce estate duty and capital gains tax liability. The estate can be settled faster as clear instructions are already in place, potentially reducing legal fees and delays.
Decrease the risk of disputes between heirs, and you can protect minors or other vulnerable beneficiaries by setting up a testamentary trust. This reduces the chance of their inheritance being mismanaged.
Steps to drafting your will
David Thomson, Senior Legal Adviser at Sanlam Trust, gave these basic steps involved in drafting your will.
- Compile an inventory: List your assets, liabilities, and any special items or sentimental possessions.
- Decide on beneficiaries: Choose who will inherit your assets.
- Nominate an executor: This person will carry out your wishes. It’s important to choose someone trustworthy or nominate a professional executor (like Sanlam Trust).
- Plan for minor children: Nominate guardians and consider establishing a testamentary trust in your will.
- Draft the will: Ensure it is legally sound and clear. Sanlam Trust can help you in 3 easy steps. Click here to get started.
- Sign and witness: Follow all legal signing requirements.
It’s important to work with a professional, like Sanlam, during this process. “DIY wills often lack legal validity or clarity. It’s safer to consult professionals who understand estate law and tax implications,” Thomson advises.
Remember to review your will regularly and update your beneficiaries (who inherit from you) if you marry or divorce or have children.
What makes a will legally binding?
A will is legally valid when it complies with specific legal requirements set out in the Wills Act of 1953. A simple letter expressing your wishes won’t meet all these criteria and may not be enforceable.
It must be in writing and signed by the testator – the person drawing up the will – in the presence of two competent witnesses, who must also sign at the same time. The signatures must be “wet”, not electronic, and it should indicate that it contains your final wishes and your intention for this to be your final will and testament.
Have more questions? Speak to Sanlam Trust regarding the valid ways a will can be signed.
Storing your will
“Your will should be protected from loss, damage or tampering, be easily retrievable by your executor or family, and registered and backed up in case of emergencies,” says Thomson.
Sanlam Trust offers secure will storage and estate planning services. They can assist with drafting wills, acting as executors and trustees, and guiding families through the estate administration process.
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