Originally published: 10 October 2014 | Last updated: 16 March 2025
Creating a Last Will and Testament in South Africa takes under 20 minutes with an online Will service. At LegalWills.co.za, the process is guided, straightforward, and produces a document that meets all requirements of the Wills Act 7 of 1953. Here is a step-by-step walkthrough of how it works.
What Is a Last Will and Testament?
A Last Will and Testament is a legal document that specifies how your assets will be distributed after your death. It also appoints an executor to manage your estate, designates guardians for minor children, and can include specific bequests to charities or organisations. In South Africa, any person aged 16 or older who is of sound mind can make a valid Will.
How Do You Create a Will Online? Step-by-Step Process
Step 1: Appointing Your Executor
The first step is choosing an executor—the person responsible for administering your estate after your death. Your executor will pay debts, file tax returns, and distribute assets to your beneficiaries. At LegalWills.co.za, you provide your executor’s full name and ID number. You should also appoint an alternate executor in case your first choice is unable to serve. Learn more about setting executor fees.
Step 2: Naming Your Beneficiaries
Next, you specify who inherits your assets. You can leave your entire estate to one person, divide it by percentage among multiple beneficiaries, or allocate specific assets to specific people. For married couples, you might leave everything to your spouse. If you have children, you can divide the estate equally among them.
Step 3: Designating Guardians for Minor Children
If you have children under 18, appointing a legal guardian is one of the most important decisions in your Will. Without a Will, the court appoints a guardian—potentially someone you would not have chosen. You can also establish conditions for when children receive their inheritance, such as setting a trust until they reach a specific age.
Step 4: Setting Up Alternate Distributions
A well-drafted Will includes contingency planning. What happens if a beneficiary predeceases you? At LegalWills.co.za, you can name alternate beneficiaries for every bequest. You can also include a residual clause that covers any assets not specifically mentioned in the Will.
Step 5: Adding Special Instructions and Revocation Clauses
Your Will should include a revocation clause (cancelling all previous Wills) and can include special instructions about funeral wishes, charitable donations, or specific conditions on inheritance. The LegalWills.co.za platform covers all of these elements.
Do You Need an Estate Planning Lawyer?
South African law does not require a lawyer to create a valid Will. However, complex estates involving trusts, business assets, or international property may benefit from professional advice. For most South Africans, an online service provides a comprehensive, legally valid Will at a fraction of the cost. An estate planning lawyer can help with:
- Creating comprehensive estate plans with multiple documents
- Ensuring compliance with all legal requirements
- Minimising estate duty and tax implications
- Handling complex family structures or blended families
What Happens After You Create Your Will?
After completing your Will online, you must:
- Print the document
- Sign every page in the presence of two competent witnesses (aged 14+)
- Both witnesses must sign in each other’s presence and in the presence of the testator
- Store the original safely and inform your executor of its location
Read more about signing your Will and what to do after writing a Will.
Frequently Asked Questions
How long does it take to make a Will online in South Africa?
Most people complete their Will in under 20 minutes using LegalWills.co.za. Complex estates with multiple beneficiaries or trusts may take slightly longer.
Is an online Will legally valid in South Africa?
Yes. The printed, signed, and witnessed document meets all requirements of the Wills Act 7 of 1953.
Can I change my Will after creating it online?
Yes. You can update your Will at any time by logging into your account, making changes, and printing and signing the new version.
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.
