Originally published: 23 September 2022 | Last updated: 15 February 2026
Why Should Young Adults in South Africa Write a Will?
A Will is not just for the elderly or wealthy. In South Africa, any person aged 16 or older who is mentally competent can create a legally valid Will under 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.
Without a Will, the Intestate Succession Act 81 of 1987 dictates how your estate is divided. This may result in outcomes you would never have chosen, such as estranged family members inheriting your assets or your long-term partner receiving nothing.
What Happens If a Young Person Dies Without a Will in South Africa?
If you die without a valid Will (intestate), South African law applies a fixed formula to distribute your estate:
- 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.
This is why a Will is critical for young adults, especially those in unmarried relationships or with non-traditional family structures.
What Should a Young Adult Include in Their Will?
Asset Distribution
List all your assets — bank accounts, vehicles, investments, cryptocurrency, personal belongings — and specify who inherits each item. Even if you feel your estate is small, unexpected events like accidental death benefits or life insurance payouts can significantly increase its value.
Digital Assets and Online Accounts
Young adults often have significant digital footprints: social media accounts, cloud storage, cryptocurrency wallets, domain names, and online subscriptions. Your Will should address who manages or inherits these digital assets. Without instructions, digital assets can be lost forever or locked behind platforms’ terms of service.
Guardianship for Children
If you have or plan to have children, your Will should name a guardian. Without this, a court decides who raises your children — a process that can be lengthy, stressful, and may not reflect your wishes.
Common-Law Relationships
South African law does not automatically grant inheritance rights to common-law (unmarried) partners. If you want your partner to inherit from your estate, you must include them in your Will. This is one of the most important reasons for young unmarried couples to have a Will.
Life Insurance and Beneficiary Nominations
While life insurance policies often have separate beneficiary nominations, your Will can serve as a backup and can direct how insurance proceeds are managed — for example, through a testamentary Trust for minor children.
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?
Review and update your Will after any major life event:
- Getting married or divorced (marriage in South Africa automatically revokes a prior Will unless it was made in anticipation of that marriage)
- Having or adopting children
- Buying property or significant assets
- Starting a business
- A beneficiary or executor passing away
- Changes in your financial situation
- Moving to a different country
How Can LegalWills.co.za Help Young Adults?
LegalWills.co.za provides an affordable, guided online platform for creating a legally valid South African Will. The process takes about 20 minutes, costs a fraction of what an attorney charges, and produces a document that complies with the Wills Act 7 of 1953. You can update your Will anytime your circumstances change.
Frequently Asked Questions
How old do you have to be to write a Will in South Africa?
You must be at least 16 years old and mentally competent to create a valid Will under the Wills Act 7 of 1953.
Is a handwritten Will valid in South Africa?
Yes, a handwritten (holographic) Will is valid in South Africa, provided it is signed by the testator and two competent witnesses on every page. However, a typed or digitally prepared Will is generally clearer and less prone to disputes.
Do I need a lawyer to write a Will?
No. South African law does not require a lawyer to draft your Will. Online services like LegalWills.co.za provide a legally compliant, affordable alternative. However, for complex estates, legal advice may be beneficial.
What happens to my Will if I get married?
In South Africa, marriage automatically revokes any existing Will unless the Will was specifically made in contemplation of that marriage. This means you should write a new Will as soon as possible after getting married.
Can I leave my estate to my unmarried partner?
Yes, but only if you explicitly name them in your Will. Common-law partners have no automatic inheritance rights under South African law.
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.
