Originally published: 23 September 2022 | Last updated: 12 February 2026
Why Should Young Adults in South Africa Write a Will?
TL;DR: Every young adult in South Africa (aged 16 and over) should have a Will. The Intestate Succession Act takes control of your estate distribution when you don’t have a Will which can result in your assets going against your planned instructions. A Will serves as protection for partners who live together under common law while it also establishes guardianship for children and directs digital asset and life insurance benefit distribution to their proper recipients. The website LegalWills.co.za lets you create your Will through an easy-to-use system which costs only a small amount of money.
People need to write Wills regardless of their age or financial status. South African law allows individuals who reach 16 years of age and possess mental capacity to create official Wills according to the Wills Act 7 of 1953. Starting early means your wishes are documented from the beginning, and you can update your Will as your life changes ; marriage, buying property, having children, or starting a business.
What Happens If a Young Person Dies Without a Will in South Africa?
The Intestate Succession Act 81 of 1987 will determine how your estate assets distribute when you die without creating a Will. The outcome of this process will bring you results which you never would have selected because your distant relatives will get your possessions while your dedicated partner will lose everything.
- The law of South Africa distributes your assets through a fixed system which becomes active when you fail to create a valid Will before death:
- Married with no children: Your spouse inherits everything.
- Married with children: Your spouse receives R250,000 or a child’s share (whichever is greater), and the remainder is divided among your children.
- Unmarried with no children: Your parents inherit equally; if they are deceased, your siblings inherit.
Common-law partner: Your partner inherits nothing under intestate succession, regardless of how long you have been together.
What Should a Young Adult Include in Their Will?
Asset Distribution
A Will becomes essential for young adults who maintain unmarried relationships and who belong to families that follow alternative family arrangements.
Digital Assets and Online Accounts
Write down your complete list of assets which includes bank accounts and vehicles and investments and cryptocurrency and personal belongings and indicate who should receive each asset. The value of your estate will grow through unexpected occurrences which include accidental death benefits and life insurance payouts.
Guardianship for Children
Young adults tend to create large digital traces through their social media profiles and their cloud-based storage and their cryptocurrency wallets and their domain names and their online service memberships. Your Will should address who manages or inherits these digital assets. The absence of proper instructions leads digital assets to disappear from existence because these resources become unreachable through platform-specific service agreements.
Common-Law Relationships
You need to pick a guardian for your children when you create your Will if you already have children or plan to have them. The court will decide which person should raise your children because you failed to designate guardianship which results in an extended and difficult process that ignores your personal decisions.
Life Insurance and Beneficiary Nominations
South African law does not automatically grant inheritance rights to common-law (unmarried) partners. You need to write your partner into your Will to make sure they receive inheritance from your estate. Young unmarried couples need to create a Will because it stands as their most vital reason for doing so.
How Do You Write a Will as a Young Adult in South Africa?
| Step | What to Do |
|---|---|
| 1. List Your Assets | Bank accounts, investments, property, vehicles, digital assets, personal belongings, cryptocurrency. |
| 2. Choose Beneficiaries | Decide who inherits each asset. Include alternates in case a beneficiary predeceases you. |
| 3. Appoint an Executor | Choose a trusted person to manage your estate. They will apply for Letters of Executorship from the Master of the High Court. |
| 4. Name a Guardian | If you have minor children, appoint a guardian and an alternate guardian. |
| 5. Sign Correctly | Sign in the presence of two competent witnesses aged 14+ who are not beneficiaries. All parties sign every page. |
| 6. Store Safely | Keep the original in a secure location. Inform your executor where it is stored. |
When Should You Update Your Will?
Insurance policies let you select beneficiaries through their own systems but your Will functions as a backup document which directs how insurance payments should be handled through testamentary Trusts established for children under age. What steps should a young person living in South Africa take to create their first Will?
- Step
- What to Do
- 1. List Your Assets
- Your assets include bank accounts and investments and property and vehicles and digital assets and personal belongings and cryptocurrency.
- 2. Choose Beneficiaries
- You need to select beneficiaries who will receive each of your assets. Establish backup beneficiaries who will receive your estate if your primary beneficiaries pass away before you.
- 3. Appoint an Executor
How Can LegalWills.co.za Help Young Adults?
Select a reliable individual who will handle your estate responsibilities. The process of obtaining Letters of Executorship requires these individuals to apply through the Master of the High Court.
Frequently Asked Questions
How old do you have to be to write a Will in South Africa?
4. Name a Guardian
Is a handwritten Will valid in South Africa?
You need to select both a main guardian and a backup guardian for your children who have not yet reached adulthood.
Do I need a lawyer to write a Will?
5. Sign Correctly
What happens to my Will if I get married?
You need to sign your document when two qualified witnesses who are at least 14 years old stand before you while they avoid any relationship to beneficiaries. All parties need to sign every page of the document.
Can I leave my estate to my unmarried partner?
6. Store Safely
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.
