Imagine leaving your loved ones in chaos after you're gone, all because you didn't get around to writing a will—it's a heartbreaking reality for too many South Africans. If you're one of the 66% without a will, according to the latest 2025 Sanlam Legacy Wills Survey, it's time to dive into the essentials of estate planning. David Thomson, Senior Legal Adviser at Sanlam Trust, shares insights from the questions he's fielded during Wills Month, helping you create a secure legacy that honors your wishes and protects your family.
With so many people overlooking this crucial step, understanding how to craft a will isn't just smart—it's a game-changer. It prevents prolonged legal battles that can tie up estates for years, leaving families financially strained and emotionally drained. Let's break down the most common concerns in a way that's straightforward, even if you're new to this topic.
- Protecting Against Forged Wills: How Can I Ensure My Document Isn't Tampered With?
It's unfortunate, but you can't entirely prevent someone from attempting to forge your will. However, you can make sure any fake version doesn't hold up in court. If there's suspicion of forgery, notify the Master of the High Court right away—they can investigate and seek a court ruling to invalidate it. For instance, forensic handwriting analysis is often used to spot inconsistencies, much like in detective stories. The real safeguard? Proper witnessing: your will must be signed in front of two witnesses who are present at the exact moment. Without that, it's void from the start, no questions asked.
- Choosing Executors: What Role Do They Play, and Should I Pick More Than One?
Think of an executor as your personal estate manager after you're gone. This is the individual or professional service (like a trust company) you designate in your will to handle everything from settling outstanding bills to dividing up your belongings among heirs. Once you're deceased, the Master of the High Court reviews their qualifications and may require a bond as security to ensure they act responsibly. You only need one primary executor, but it's wise to name a backup in case life throws an unexpected curveball, like illness or unavailability. If you go with a reputable trust company, though, they're pros at this—no alternate needed, as they have built-in continuity.
- When Does the Will Get Opened and Read?
There's no strict timeline set by law; it can happen shortly after death if everyone involved agrees. Heirs are entitled to see the contents promptly to start the process. But here's a practical tip for beginners: don't bury important funeral details solely in your will. These documents are typically unsealed post-funeral, so discuss preferences like burial versus cremation or organ donation openly with family now. That way, your wishes are followed without delay.
And this is the part most people miss from the Sanlam Legacy Survey: among the 33% who do have wills, a whopping 45% haven't looped in their loved ones about the details. These heart-to-heart talks aren't just practical—they're a chance to express deeper wishes, fostering stronger family bonds. For example, mentioning organ donation could save lives and give your legacy an even greater impact.
On Storage: Is It Worth Paying for Secure Keeping?
Not all services charge monthly fees for storing your will safely, but it's smart to shop around and confirm the costs upfront. Secure storage ensures your document is protected from loss or damage, giving you peace of mind—think of it as a small investment in your family's future stability.
DIY Wills: Can I Just Grab One from a Shop and Call It Done?
Absolutely, a will bought off the shelf can be valid, as long as it ticks all the boxes under the Wills Act. It needs to be handwritten or typed, signed with an actual pen (no digital signatures here), and observed by two witnesses who sign alongside you at the same time. The goal is clear intent: it must plainly state who gets what. Whether you get help from a lawyer, your bank, an insurance broker, or even a basic template from a stationery store, validity hinges on following the rules, not the origin. That said, for those just starting out, consulting a professional is a no-brainer. They can spot pitfalls—like ambiguous language that leads to disputes—saving you (and your heirs) from expensive headaches down the line. A simple oversight in a DIY version might cost thousands in legal fees.
But here's where it gets controversial: Contesting a Will—Why Bother Writing One If It Can Be Challenged?
Challenging a will is far from easy and happens infrequently. At Sanlam Trust, it's only about one or two cases per thousand estates. It requires launching a High Court case, which is pricey, time-consuming (often dragging on for months or years), and demands solid proof like evidence of fraud, coercion, or failure to meet legal standards. Just feeling slighted or left out? That won't cut it—courts protect the deceased's true intentions. Still, some argue that even rare contests highlight flaws in the system; is it fair that emotional family rifts can tie up inheritances? What do you think—does this make wills feel less ironclad?
Why Taking Action on Your Will Is So Vital
Even with these potential hurdles, a staggering 66% of South Africans lack a will, per the Sanlam Legacy Wills Survey. The top excuses? A belief that you need substantial wealth to bother (43% cite not owning enough assets), or plain old putting it off (27%). But let's reframe this: a will isn't about your bank balance; it's a love letter to those you care about. It appoints guardians for minor children, directs your possessions exactly where you envision, and upholds your personal values. Without it, the state steps in with a default plan that might not align with your heart.
"The true strength of a will lies not in its fancy packaging, but in its legal soundness and genuine reflection of your desires. It's an accessible tool that safeguards your loved ones and paves the way for lasting family prosperity," Thomson emphasizes.
So, what's holding you back from drafting yours? Share in the comments: Do you have a will, and have you discussed it with family? Or do you side with the procrastinators—why? Let's spark a conversation and get more South Africans planning ahead.
