F.A.Q - Last Will and Testament

A will specifies how your assets are distributed after your death, minimizes estate duty, and ensures your children or dependents are cared for. Without a will, your estate is distributed Intestate which may not reflect your wishes.

Ready to draft your will? Contact Louwrens Koen Attorneys for expert guidance.

For a will to be valid it must be written, signed by the testator (person making the will) in the presence of two competent witnesses (over 14 and not beneficiaries), and signed by the witnesses. 

Need a valid will? Louwrens Koen Attorneys can ensure compliance.

You can write your own will if it meets legal requirements, but an attorney ensures it’s clear, valid, and minimizes disputes or errors. Professional drafting also optimizes estate planningbenefits.

Want a professionally drafted will? Contact Louwrens Koen Attorneys today.

 If you die without a will (intestate), your estate is distributed according to the Intestate Succession Act. Assets typically go to your spouse, children, or closest relatives in a fixed order, which may not align with your preferences.

Unsure about intestate succession? Louwrens Koen Attorneys can help you plan ahead.

Yes, you can update your will at any time by drafting a new will or adding a codicil (amendment), provided you follow the same legal requirements (e.g., signing with witnesses). Regular updates are recommended after major life events like marriage or childbirth.

Need to update your will? Contact Louwrens Koen Attorneys for assistance.

 Store your will in a secure location, such as with your attorney, a trusted bank, or a safe at home, and inform your Executor of its location. The original will is required by the Master of the High Court, so avoid storing it where it could be lost or damaged.

Worried about safekeeping? Louwrens Koen Attorneys offers secure will storage.

The Master of the High Court does not accept certified copies. If the original will is lost, the estate is treated as intestate unless you apply to the High Court to have the copy accepted as valid, which requires a court order.

Lost your will? Contact Louwrens Koen Attorneys for legal support.

Yes, your will can nominate a guardian to care for your minor children (under 18) if both parents pass away. The nomination is advisory, but courts typically honor it unless it’s not in the child’s best interest.

Planning for your children’s future? Louwrens Koen Attorneys can guide you.

Yes, a will can be contested if someone believes it’s invalid (e.g., due to fraud, undue influence, or lack of mental capacity). Contesting requires evidence and a High Court application, which can delay estate administration.

Concerned about disputes? Louwrens Koen Attorneys can draft a robust will to minimize risks.

Review your will every 3–5 years or after major life events (e.g., marriage, divorce, birth of a child, or acquiring significant assets). This ensures it reflects your current wishes and complies with South African law.

Time to review your will? Contact Louwrens Koen Attorneys for professional advice.

Yes, a handwritten will is legal in South Africa, provided it meets specific requirements under the Wills Act 7 of 1953. To ensure your will is valid, the following conditions must be met:
Age Requirement: The person drafting the will (the testator or testatrix) must be 16 years or older.
Authorship: The will must be created by the testator/testatrix themselves, reflecting their true intentions.
Independence: The testator/testatrix, their spouse, or anyone named in the will (e.g., executor, trustee, heir, or beneficiary) cannot act as a witness.
Signatures: The will must be signed by the testator/testatrix in the presence of two independent witnesses (aged 14 or older, of sound mind, and not named in the will). The witnesses must also sign the will.

A handwritten will that fails to meet these requirements may be deemed invalid, potentially leading to disputes or intestate succession, where assets are distributed under the Intestate Succession Act 81 of 1987 instead of your wishes.

Why Professional Guidance Matters. Drafting a will can seem simple, but errors like unclear wording or improper witnessing can cause complications. Louwrens Koen Attorneys offers will drafting services to ensure your will is legally sound and tailored to your needs.

Engage Our Services. To get started, complete our secure online form on the Contact page with details about your assets and wishes. We will reach out to schedule a consultation and guide you through creating a valid will.

Take Action: Don’t risk an invalid will. Fill out our secure online form today to protect your legacy with Louwrens Koen Attorneys.

In South Africa, you can legally draft a will if you are 16 years or older, as stipulated by the Wills Act 7 of 1953. At this age, you can outline how your assets—such as money, property, or personal belongings—should be distributed after your passing, provided you are of sound mind.

When Should You Draft a Will?While you can draft a will at 16, it’s wise to consider doing so when you:
Acquire significant assets (e.g., a car, savings, or inheritance).
Start a family or have dependents, to ensure their care or appoint guardians.
Want to avoid intestate succession, where the Intestate Succession Act 81 of 1987 decides how your estate is divided, potentially against your wishes.

Even young adults benefit from a will, as it provides clarity and prevents disputes. Updating your will after major life events (e.g., marriage, childbirth) keeps it relevant.Why Professional Help MattersA will must meet legal requirements (e.g., signed with two independent witnesses) to be valid. Errors can lead to delays or an invalid will. Louwrens Koen Attorneys ensures your will is legally sound and tailored to your needs.

Engage Our Services. Start by completing our secure online form on the Contact page with details about your assets and wishes. Our expert testamentary consultants will contact you to schedule a consultation and guide you through drafting your will.

Take Action: Protect your legacy, no matter your age. Fill out our secure online form today to create a will with Louwrens Koen Attorneys.

Even if you own little—no property, car, or large savings—you likely have assets like a bank account that form part of your estate when you pass away. Under the Wills Act 7 of 1953, a will is essential for everyone aged 16 or older, regardless of wealth, to ensure your wishes are honored. Here’s why, and how Louwrens Koen Attorneys can help.

Why a Will Matters, Even with Few Assets
A will does more than distribute assets:
Final Wishes: Specify preferences, like burial or cremation, or organ donation.
Guardianship: Nominate guardians for your minor children, ensuring their care.
Future Changes: Your finances may grow (e.g., inheritance, new job), and a will prepares for this.

Without a will, the Intestate Succession Act 81 of 1987 decides how your estate is divided, which may not align with your intentions and could lead to disputes.

Benefits of a Will
Clarity: Prevents confusion or family conflicts.
Control: Ensures your wishes, not the law’s, guide your estate.
Simplicity: Makes estate administration easier, even for small estates.

Why Professional Help Counts
A valid will requires proper drafting (signed with two independent witnesses) to avoid being invalid. Louwrens Koen Attorneys crafts legally sound wills tailored to your needs, no matter how simple your estate.

Engage Our Services
Start by completing our secure online form on the Contact page, sharing details about your wishes. Review your will every few years or after significant life events to keep it current.

Take Action: Everyone over a will, no matter their assets. Fill out our secure online form today to protect your legacy with Louwrens Koen Attorneys.

No, a last will and testament does not expire in South Africa. Once a testator (male) or testatrix (female) creates and validates their will under the Wills Act 7 of 1953, it remains legally binding until revoked. There’s no time limit on its validity, ensuring your wishes endure. However, an outdated will may not reflect your current circumstances, so regular updates are crucial.

How a Will Becomes InvalidA will only becomes invalid if you:
Revoke It: Explicitly state in a new will that all previous wills are revoked.
Destroy It: Intentionally tear, burn, or otherwise destroy the original will with the intent to cancel it.

Why Review Your Will? Even if valid, your will may no longer suit your needs if life changes occur, such as:
Marriage or divorce.
Birth or adoption of a child.
Acquiring new assets (e.g., property, investments).

Changes in family dynamics or wishes. Reviewing your will at least once a year or after major life events ensures it aligns with your intentions and prevents disputes or unintended outcomes under the Intestate Succession Act 81 of 1987.

Professional Support for Your Will. Drafting or updating a will requires precision to avoid errors that could render it invalid. Louwrens Koen Attorneys offers expert will drafting and review services to keep your will current and legally sound.
Engage Our Services
Start by completing our secure online form on the Contact page, detailing your assets and wishes. Our testamentary consultants will contact you to schedule a consultation to create or update your will.

Take Action: Ensure your will never goes out of date. Fill out our secure online form today to safeguard your legacy with Louwrens Koen Attorneys.

In South Africa, a will and a trust serve distinct purposes in estate planning, each with unique roles in securing your legacy. Understanding their differences helps you plan effectively, and Louwrens Koen Attorneys can guide you through both.

What Is a Will?
A will is a legal document that outlines your final wishes for distributing your estate after you pass away. Governed by the Wills Act 7 of 1953, it specifies who inherits assets like property, vehicles, jewelry, or savings. It can also name guardians for minor children. Without a will, the Intestate Succession Act 81 of 1987 applies, and the government distributes your estate using a fixed formula, which may not align with your intentions. A valid will requires your signature and two independent witnesses. Keep it broad to avoid frequent updates, but ensure it’s legally compliant to prevent disputes.

What Is a Trust?
A trust is a legal structure that holds and manages assets for beneficiaries, governed by the Trust Property Control Act 57 of 1988. Created during your lifetime (inter vivos) or through your will (testamentary), a trust transfers assets to trustees who manage them for beneficiaries, such as minors or those unable to handle finances. 

Trusts offer:
Asset Protection: Shields inheritances from creditors or mismanagement.
Tax Benefits: May reduce estate duty with certain exemptions.
Financial Guardianship: Ensures funds are used for beneficiaries’ needs (e.g., education).

Without a trust, minors’ inheritances may go to the Guardian’s Fund, managed by the government, limiting control.

Key Differences
Purpose: A will directs asset distribution after death; a trust manages assets during or after your lifetime.
Timing: A will takes effect upon death; an inter vivos trust operates immediately, while a testamentary trust starts post-death.
Management: A will requires an executor for one-time distribution; a trust needs ongoing trustee management.
Flexibility: Trusts provide ongoing control and protection, unlike the static nature of wills.

Why Professional Guidance Matters
Drafting a will or setting up a trust requires precision to avoid legal issues. Louwrens Koen Attorneys offers expert services to create valid wills and trusts tailored to your needs, ensuring compliance and clarity.

Engage Our Services. Start by completing our secure online form on the Contact page, detailing your assets and wishes. Our experts will contact you to schedule a consultation and guide you in crafting a will, trust, or both. Take Action: Secure your legacy with a will or trust. Fill out our secure online form today to begin with Louwrens Koen Attorneys.