Die without a will, and the government decides where your money goes. Not your family. Not your wishes. The law. The Intestate Succession Act 81 of 1987 is clear: spouse gets a portion, kids get a portion, and if you've got an unmarried life partner of 20 years who has no legal claim? They get nothing. Zero.
I've watched this happen. Families in court fighting over money while the partner who actually cared for the deceased is excluded entirely.
This doesn't require complexity. It requires intention.
Why Intestate Succession Is Worse Than You Think
If you die without a valid will, here's what happens under the Intestate Succession Act:
Surviving spouse only: The spouse inherits everything. Clear.
Spouse and children: The spouse gets the greater of R250,000 per spouse or one child's share. The rest goes to the children equally. If you had three kids and R1.5 million, your spouse might get R250,000 and each child gets R416,666. Your spouse is now in financial limbo while kids inherit significant sums.
No spouse, only children: Children inherit equally. If they're minors, there's a delay while guardians are appointed and the estate is placed in trust.
Unmarried partner of 15+ years: Nothing. Eish. Unless you can prove they're dependants in court, which is expensive and uncertain.
The Act doesn't account for customary marriages, life partnerships, or the actual structure of your financial life. It applies a formulaic division that often contradicts what people actually want.
What A Valid Will Actually Requires
South African law is oddly forgiving on this one point. Your will doesn't need a lawyer. It needs:
You, as the testator. Two witnesses. All present at the same time. You sign. They sign. Done. No notarization required. No registration necessary (though registration is optional and useful for safekeeping).
The tricky part: if there's any chance the will could be challenged—say a disinherited child argues you weren't of sound mind—you'll want evidence. A lawyer can provide a certificate confirming you were competent and understood the will. That certificate costs money, but it's insurance against disputes that could drag on for years.
Professional will drafting costs between R500 and R1,500 for a straightforward will. For complex estates—multiple properties, trusts, business interests—expect R3,000-5,000+. That's not the same as what you'll pay in executor fees later (which can run 3-5% of your estate value, sometimes higher), but it's a fraction of the cost of contesting a poorly drafted will.
The Parts of an Estate Plan
The Will Itself. This is the foundation. It names an executor (who manages your estate), specifies who inherits what, and can nominate guardians for minor children. The guardianship clause is especially important if you have kids under 18. You're saying who raises them if both parents die. Without this, the courts decide.
Beneficiary Nominations. This is where most people slip up. Your retirement annuity, life insurance, and some investments have separate beneficiary designations. These don't go through your will—they go directly to the named beneficiary. If you get divorced and forget to update them, your ex-spouse still gets the R2 million life policy. Update beneficiaries immediately after any major life event: marriage, divorce, kids, new job.
Trusts. For most people, a simple will is enough. But if you're providing for a child with special needs, or you want to protect assets for minor children until they're 25, a trust does that. Trusts also reduce estate duty in some scenarios. They're more complex and expensive to set up (R3,000-10,000+), but they're powerful. Talk to a lawyer about whether you need one.
Power of Attorney. This allows someone to act on your behalf if you're incapacitated. A general power of attorney covers financial decisions. A durable power of attorney survives your incapacity. Note: powers of attorney lapse upon death in South Africa, so you need a separate living will or healthcare directive if you want someone to make medical decisions for you.
Estate Duty: The Tax That Hits the Dead
South Africa taxes what you leave behind. Estate duty applies to estates above R3.5 million. The rate: 20% on the first R30 million, then 25% on anything above that.
Here's the catch: for married couples, there's a workaround. If the first spouse leaves everything to the surviving spouse (using section 4A relief), the surviving spouse inherits the R3.5 million abatement transfer. On that surviving spouse's death, the estate benefits from R7 million in abatements (their own R3.5 million plus the transferred R3.5 million). This can save a couple with a R7 million combined estate zero estate duty.
Example math: You and your spouse have R6 million combined. First spouse dies, leaves everything to the surviving spouse. On the surviving spouse's later death, the R6 million estate is protected by R7 million in abatements. No estate duty is due. Done.
Without planning, that R6 million estate might face R600,000+ in estate duty (assuming only one abatement applies). Proper planning eliminates it entirely.
This is why every married person should have a will. It's not optional complexity. It's thousands of rands in your children's pockets instead of SARS'.
Who Becomes the Executor
The executor is essentially the project manager of your death. They have to:
Apply for probate (master's approval). Notify creditors and beneficiaries. Collect the assets. Pay taxes and debts. Distribute what's left.
Executor fees are prescribed by law: 3.5% on the first R125,000, 3% on the next R200,000, 2.75% on the next R675,000, etc. On a R2 million estate, expect executor fees around R42,500. On a R10 million estate, it's more like R250,000.
You can nominate anyone—a family member, a friend, a professional executor (bank or legal firm). Many people pick a trusted adult child. That child then has to manage all the admin while grieving. Consider instead paying for a professional executor. Yes, it costs more upfront, but it removes the burden from family and ensures nothing gets missed.
Common Estate Planning Mistakes
No will at all. You're letting the Intestate Succession Act write your legacy. Don't do this.
Outdated beneficiaries. You get divorced and still have your ex on the life policy. You have a new partner and they're not mentioned anywhere. Update these. It takes 15 minutes and saves years of legal fighting.
Assuming the will covers everything. Retirement funds, life policies, investment accounts—these have separate beneficiary designations. The will doesn't touch them. Make sure those designations are current and intentional.
Not communicating with your executor. Your executor doesn't know where the important documents are. Doesn't know which accounts exist. Doesn't know who depends on your income. Leave them a letter with this information. It saves months of investigation.
Ignoring estate duty. If you have more than R3.5 million in assets, proper planning can cut your family's tax burden by 20-25%. That's real money. Talk to an accountant about section 4A spousal relief and other strategies.
Getting Started (Today)
You don't need to be wealthy to need an estate plan. If you have kids, a job, or any assets, you need a will.
Step 1: Write down your assets. Property, bank accounts, retirement funds, insurance policies, investments, vehicles. Everything. Get comfortable with what you actually own.
Step 2: Decide who inherits what. This is hard. It's emotional. But do it. Write it down. If you have minor kids, decide who raises them. If you have a life partner with no legal claim, write that into your will with clear explanations (courts respect clear intent).
Step 3: Find a lawyer or fiduciary practitioner. Cost between R500-1,500 for a straightforward will. Get it drafted, reviewed, and signed with witnesses. File it with the Master's office for safekeeping (optional but sensible).
Step 4: Review and update. After marriage, divorce, birth of a child, major acquisition, or any significant life change. Don't just revise the will—get a new one drafted. Amendments (codicils) are messy and easy to mess up.
Step 5: Tell your executor where the will is. And the insurance policies. And the retirement fund statements. Leave a document. A spreadsheet. Anything so that when you die, people don't spend three months trying to find your bank accounts.
Your rights under the National Credit Act protect you while you're alive. Your will and estate plan protect your family after you're gone. Both matter.
The brutal part: you're never ready to think about this. No one is. But doing it takes a weekend and costs less than a month's loan payment. Not doing it costs your family tens of thousands in unnecessary taxes and legal fees.
Get it done. Tell your executor. Relax knowing the messy admin is handled.