Originally published: 22 May 2015 | Last updated: 11 May 2025
Before you create a Will in South Africa, understanding the legal terminology ensures you make informed decisions. Below is a comprehensive glossary of the most important estate planning terms, explained in plain language.
What Is a Last Will and Testament?
A Last Will and Testament is a legal document that specifies how your assets (your “estate”) are distributed after your death. In South Africa, it must comply with the Wills Act 7 of 1953. Without a Will, your estate is distributed under the Intestate Succession Act.
Key Estate Planning Terms Explained
What Is a Testator?
A testator is the person who makes a Will. In South Africa, a testator must be at least 16 years old and of sound mind. The female equivalent is sometimes called a “testatrix,” though “testator” is now used for all genders.
What Is a Beneficiary?
A beneficiary is any person or organisation named in a Will to receive assets from the estate. Beneficiaries can include family members, friends, charities, trusts, or any legal entity.
What Is an Executor?
An executor is the person appointed in a Will to administer the deceased’s estate. Responsibilities include paying debts, filing tax returns, distributing assets to beneficiaries, and reporting to the Master of the High Court. Learn more about choosing an executor.
What Does Intestate Mean?
Intestate means dying without a valid Will. When this happens, the Intestate Succession Act 81 of 1987 determines how assets are distributed—following a rigid legal formula rather than the deceased’s personal wishes.
What Is Probate?
Probate is the legal process of administering a deceased person’s estate. In South Africa, this process is overseen by the Master of the High Court. It involves verifying the Will, appointing the executor, paying debts, and distributing assets. Learn more about probate in South Africa.
What Is a Codicil?
A codicil is a formal amendment to an existing Will. Like a Will, it must be in writing, signed, and witnessed. Learn more about codicils and when to use them.
What Is a Living Will?
A Living Will (advance directive) is a document that records your medical treatment preferences for situations where you cannot communicate. It is separate from a Last Will and deals with healthcare during your lifetime, not asset distribution after death.
What Is Power of Attorney?
A Power of Attorney is a legal document that authorises someone to make financial and legal decisions on your behalf if you become incapacitated.
What Is a Trust?
A trust is a legal arrangement where assets are held by a trustee for the benefit of specified beneficiaries. Trusts can be created in a Will (testamentary trust) or during your lifetime (inter vivos trust). Learn more about including trusts in your Will.
What Is an Affidavit of Execution?
An Affidavit of Execution is a sworn statement by a witness confirming that the Will was properly signed and witnessed. While not legally required, it simplifies the probate process. Learn more about signing your Will.
Frequently Asked Questions
What is the difference between a Will and a Living Will?
A Will distributes your assets after death. A Living Will records your medical treatment preferences during your lifetime.
What is the difference between an executor and a beneficiary?
An executor administers the estate (pays debts, files taxes, distributes assets). A beneficiary receives assets from the estate. The same person can be both.
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.
