A Will is a legal document that says what happens to your belongings after you pass away. It ensures your wishes are followed and prevents stress for your loved ones. Without a Will, the government decides who gets your assets, which may not match your plans. Even if you don’t own much, a Will brings clarity and peace of mind.
A Will outlines how your assets—like money, property, or personal items—are distributed. It can:
A Will only starts working after you pass away. While you’re alive, you can use or sell your assets freely, even if they’re in your Will.
In South Africa, anyone mentally competent can write a Will without a lawyer. Simple Wills can be done using online tools or DIY kits. For complex situations—like multiple assets or blended families—a lawyer can help ensure everything is covered.
If you die without a Will (called “intestate”), courts distribute your assets based on standard laws. This can lead to delays, disputes, and outcomes you wouldn’t want. A Will avoids these issues by clearly stating your wishes.
A valid Will needs:
Review your Will after major life events like marriage, divorce, or a new child. Marriage cancels a Will unless it’s mentioned, and divorce removes your ex-spouse’s benefits. Update it yearly or as needed to keep it current.
Keep your Will safe but accessible. Tell your Executor where it is. A safety deposit box works if your Executor can access it. Avoid places that could delay access, as your Will needs to be available for probate.
Your Executor manages your estate, pays debts, and distributes assets. Pick someone trustworthy and organized. They can also be a beneficiary, like a spouse, as long as they act fairly. Name an alternate Executor in case your first choice can’t serve.
Don’t include funeral plans or organ donation in your Will, as it may not be read in time. Write these in a separate document and share them with your family or Executor. This ensures your wishes are followed quickly.
If leaving assets to minors, set up a trust to manage their inheritance until they’re adults. Specify how funds are used, like for education, to protect their future.
At Louwrens Koen Attorneys, we make preparing a Will simple. Our online process takes 20-30 minutes with easy questions in plain language. No legal knowledge is needed. Once completed, print and sign your Will with two witnesses. Store it safely, and your Executor can present it to the probate court when needed.
A Will is a gift to your loved ones. It ensures your wishes are respected, reduces conflicts, and provides security. Plan ahead with Louwrens Koen Attorneys to create a clear, legally sound Will today.