Most people know they should have a will, yet so many put it off for “one day.” The truth is, life rarely gives us a warning. Without a valid will in place, the law decides how your estate is divided, not you.
At A Kruss Attorneys, we help clients every day who are trying to untangle estates left without clear instructions. Here’s why having a will isn’t just smart, it’s essential.
1. You decide who inherits, not the law
If you pass away without a will, you die intestate. In that case, your estate is distributed according to South Africa’s Intestate Succession Act 81 of 1987, not according to your wishes.
That means your assets are divided in a fixed legal order between your spouse, children and other relatives. The law decides who qualifies as an heir, and how much each receives. The current rule is that your spouse will inherit the greater of R250 000 or a child’s share, with the remainder divided among your children.
A will gives you full control. You decide who benefits, what they receive, and even how it’s managed.
2. You can protect your children and dependants
A will isn’t only about money, it’s about care.
If you have minor children, you can nominate a guardian in your will. Without that, the courts will decide who takes custody, which may not be the person you would have chosen.
You can also set up a testamentary trust in your will to manage funds for minors or dependants until they reach a responsible age. Without such a trust, inheritances for minors are paid into the Guardian’s Fund under the Master of the High Court, where access is limited to maintenance and education expenses.
Having a will ensures your loved ones are properly cared for, both emotionally and financially.
3. You choose who administers your estate
Every estate needs someone to manage the process; pay debts, collect assets, deal with tax, and ensure beneficiaries receive what’s due. This person is called the executor.
If you don’t name an executor in a valid will, your family must apply for one to be appointed by the Master of the High Court, a process that can cause delay and confusion.
By nominating your own executor (and preferably an alternate), you ensure that someone you trust will handle your affairs efficiently and with care.
4. You reduce conflict and delays
Sadly, family disputes often arise after a death, not out of greed, but out of uncertainty. A clearly written will eliminates confusion and ensures everyone understands your wishes.
A will also speeds up the administration process. Without one, your estate must follow the intestate process, which can take months longer to finalise.
Even the format matters: under the Wills Act 7 of 1953, a valid will must be in writing, signed by you on each page and at the end, and witnessed by two competent people who sign in your presence (and in each other’s presence). If any of these formalities are missed, your will could be declared invalid.
5. You give peace of mind to yourself and your family
There’s real comfort in knowing your affairs are in order. A well-drafted will brings peace of mind for you, knowing your loved ones will be looked after, and for your family, who won’t face uncertainty or financial stress in an already difficult time.
It also helps your executor manage your estate more smoothly, ensuring your wishes are honoured without unnecessary delays or legal complications.
A will isn’t only for the wealthy or the elderly. It’s for anyone who wants to protect their loved ones and make sure their legacy is handled with dignity. Life changes; marriage, divorce, new children, or new assets, all mean your will should be reviewed and updated regularly.
Let’s make sure your voice is heard, even when you’re no longer here to speak.
📞 012 880 5799
📧 litigation1@krussatt.co.za