Originally published: 14 October 2014 | Last updated: 23 March 2025
Incorrect beliefs about Last Wills and Testaments are among the biggest barriers to estate planning in South Africa. These myths lead families to delay making a Will—or to rely on arrangements that have no legal standing. Below, we address the 10 most common myths about Wills in South Africa and provide the facts.
What Is a Last Will and Testament?
A Last Will and Testament is a legal document that specifies how your assets are distributed after death. In South Africa, it must comply with the Wills Act 7 of 1953—meaning it must be in writing, signed by the testator on every page, and witnessed by two competent witnesses. A valid Will also appoints an executor and can designate guardians for minor children.
Myth 1: “A Will Covers Healthcare and Financial Decisions”
False. A Will only deals with asset distribution after death. For healthcare decisions during incapacity, you need a Living Will (advance directive). For financial management during incapacity, you need a Power of Attorney. These are separate legal documents that serve different purposes.
Myth 2: “If I Die Without a Will, the Government Gets Everything”
False. Under the Intestate Succession Act 81 of 1987, your estate is distributed to your closest relatives—spouse, children, parents, siblings—in a fixed legal hierarchy. The state only inherits if no relatives can be found at all, which is extremely rare.
Myth 3: “Apps and Digital Tools Can Assign Beneficiaries”
False. Retirement funds, life insurance policies, and pension funds have their own beneficiary nomination processes that operate outside of your Will. Naming someone as a beneficiary in an app or on a retirement fund form does not replace the need for a Will, and vice versa. Your Will covers your general estate; retirement and insurance products are administered separately.
Myth 4: “Wills Are Unnecessary”
False. A Will is a responsibility to your family. Without one, your estate goes through the intestate succession process—which can take months or years, cause family disputes, and result in asset distributions you would not have chosen. Regularly updating your Will ensures it reflects your current wishes.
Myth 5: “Give Everything Away Before Death to Avoid Probate”
Risky. While gifting assets during your lifetime is legally possible, it has tax implications (donations tax of 20% above R100,000 per year) and removes your control over those assets. You cannot predict future financial needs, medical emergencies, or changes in relationships. A Will provides structured distribution while maintaining control during your lifetime.
Myth 6: “A Handwritten Will on a Napkin Needs Notarisation”
Partially false. In South Africa, a handwritten Will does not need notarisation. However, it must still be signed by the testator and witnessed by two competent witnesses. A Will written on any material (including a napkin) can be valid if it meets the Wills Act requirements—but a properly drafted Will is always preferable.
Myth 7: “Any Will Document Is Automatically Valid”
False. A Will must meet specific legal requirements to be valid in South Africa. The testator must be 16+ and of sound mind, the document must be signed on every page, and two witnesses must sign in the presence of the testator and each other. Neither witness can be a beneficiary. Failure to meet any of these requirements can invalidate the entire Will.
Myth 8: “Keep Your Power of Attorney Secret”
Bad advice. Your Power of Attorney should be known to your appointed agent, your family, and your attorney. If nobody knows it exists, it cannot be used when needed. Store it safely and inform relevant parties of its location and contents.
Myth 9: “Intestate Laws Are Good Enough—I Don’t Need a Will”
Risky. The Intestate Succession Act distributes your estate according to a rigid legal formula. It does not account for common-law partners, friends, charities, specific bequests, or your personal wishes. Only a Will gives you complete control over your estate distribution.
Myth 10: “My Family Knows My Wishes—That’s Enough”
False. Verbal wishes have zero legal standing in South Africa. Only a valid, written Will is enforceable. Family members may disagree about what you said, leading to disputes, litigation, and permanent family rifts. A signed Will eliminates all ambiguity.
Frequently Asked Questions
Does a Will in South Africa need to be notarised?
No. South African Wills do not require notarisation. They must be signed by the testator and witnessed by two competent witnesses.
Can I make a Will on my phone or computer?
You can draft a Will digitally, but the final document must be printed, signed, and witnessed. Digitally stored Wills are not yet legally valid in South Africa.
How often should I update my Will?
Review and update your Will every 1–2 years, and after any major life event such as marriage, divorce, or the birth of a child.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
