Originally published: 6 October 2016 | Last updated: 10 July 2025
TL;DR: If consulting an estate planning lawyer in South Africa, ask these key questions: What are your fees? Will you be my executor? What documents do I need beyond a Will? Can I update easily? Most South Africans with straightforward estates can create a valid Will online at LegalWills.co.za without a lawyer. Complex estates involving trusts, business assets, or international property may benefit from professional advice.
TL;DR: When you need estate planning services in South Africa you should ask these essential questions to your lawyer: What fees do you charge? Will you accept the role of my executor? Which documents should I obtain in addition to my Will? Is the update process simple to handle? Most South Africans with straightforward estates can create a valid Will online at LegalWills.co.za without a lawyer. Professional guidance becomes necessary for estate management when trusts and business operations and international properties exist within an estate.
Do You Need an Estate Planning Lawyer in South Africa?
Not everyone needs an estate planning lawyer to create a valid Will in South Africa. However, if your estate is complex. Involving trusts, business interests, or international assets. Professional advice can be valuable. The following questions need to be directed toward estate planning lawyers during your consultation process which will help you determine if you require their professional assistance.
- For most South Africans with straightforward estates, an online Will service provides everything needed. You likely need a lawyer if:
- Your estate contains business assets together with company stock ownership
- Your assets exist across different international locations
- You want to create a complicated trust system
- Family members seem ready to fight against each other about this matter
What Questions Should You Ask an Estate Planning Lawyer?
1. What Are Your Fees?
Obtain a written fee estimate which clearly shows all charges before you start the process. The cost for a basic Will ranges from R1,500 to R5,000 or more when you hire a lawyer. Ask whether the quote includes consultations, drafting, amendments, and storage.
2. Will You or Your Firm Be Appointed as Executor?
Law firms choose to become executors because they can generate extra revenue through fees which reach 3.5% of the estate total before VAT charges. You have the right to choose your own executor.
3. What Documents Do I Need Beyond a Will?
A complete estate plan should include three essential documents which consist of a Living Will and Power of Attorney and a digital asset plan. Ask whether these are included in the quoted fee.
4. How Easy Is It to Update My Will?
The process of making changes requires me to understand both the financial charges and the necessary steps which need to be followed. Users can update their documents easily and at low cost through LegalWills.co.za because they only need to access their account to perform modifications before printing and signing the updated document which needs to be witnessed.
5. Where Will My Original Will Be Stored?
The storage facility needs to reveal its fees because it uses billing systems to determine their service charges. Your executor needs to learn about the place where you have stored your documents.
6. Do You Specialise in Estate Planning?
The legal community contains lawyers who choose to work mainly with estate planning issues. Your lawyer needs to have direct experience with Wills and trusts and South African estate law before you should consider working with them.
Frequently Asked Questions
Is a lawyer required to make a Will in South Africa?
The Wills Act 7 of 1953 does not require legal representation for creating a Will. Anyone can create a valid Will if it meets the signing and witnessing requirements.
How much does an estate planning lawyer cost in South Africa?
Basic Will drafting: R1,500–R5,000+. Complex estate plans with trusts: R10,000+. Online services like LegalWills.co.za cost significantly less.
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.
