To will or not to will? For South Africans, the question involves more than deciding who should receive property after death. A valid will can provide instructions for an estate, but it does not override every law governing inheritance, retirement benefits, dependants and debt.
For Gauteng residents, misconceptions about wills can become particularly important after marriage, divorce, the birth of a child, buying property or other major financial changes.
National Wills Week took place from 14 to 18 September 2026, placing estate planning back in focus. Here are 10 common myths about wills and what South Africans should understand about them.
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Will Myth 1: My Will Decides Who Receives My Retirement Fund
A common assumption is that retirement fund death benefits will automatically be distributed according to a person’s will.
That is generally not how these benefits are distributed.
Under Section 37C of the Pension Funds Act, qualifying retirement fund death benefits generally do not form part of the deceased member’s estate. Fund trustees must investigate the member’s dependants and nominees before deciding how the benefit should be allocated.
This means naming someone as an heir in a will does not automatically mean that person will receive the deceased’s retirement fund death benefit.
Retirement fund beneficiary nominations and a will should therefore be considered separately.
Myth 2: Divorce Automatically Removes My ex From My Will
Divorce does not mean an existing will can simply be forgotten.
South Africa’s Wills Act makes specific provision for what happens when someone dies within three months of a divorce or annulment.
During that period, a will made before the divorce is generally implemented as though the former spouse had died before the divorce, unless it is clear that the deceased intended the former spouse to benefit despite the relationship ending.
After the three month period, the position changes. If the will has not been amended and still provides for the former spouse, that person could potentially inherit.
A divorce should therefore prompt a review of an existing will.
Myth 3: Once I have Written a Will, I am Covered For Life
A will reflects a person’s circumstances at the time it is prepared. Those circumstances can change significantly.
Marriage, divorce, children, the death of a beneficiary and changes in assets can all affect whether an existing will still reflects someone’s intentions.
A will written many years ago could, for example, name people who are no longer part of someone’s life or fail to account for children born after it was drafted.
Major changes in family or financial circumstances are therefore important opportunities to review an existing will.
Myth 4: Only Wealthy People Need Wills
You do not need millions of rands, several properties or a large investment portfolio to have a reason for making a will.
An estate can include a vehicle, property, savings, investments and personal belongings.
For parents, estate planning can also involve decisions concerning minor children and how assets left to them should be handled.
The purpose of a will is therefore not determined solely by how wealthy someone is.
Myth 5: Writing Down My Wishes Means I Have a Valid Will
Writing down who should receive your possessions does not automatically create a legally valid will.
South Africa’s Wills Act contains formal requirements governing how a will must be executed.
Among other requirements, the document must be in writing and signed in accordance with the law. The person’s signature must generally be made or acknowledged in the presence of at least two competent witnesses who are present at the same time.
The witnesses must also sign the document as required.
Who witnesses the document also matters. A beneficiary who signs as a witness can face restrictions on receiving a benefit under that will, subject to exceptions recognised by law.
Myth 6: My Family Knows What I Want, So I Do Not Need a Will
A conversation with relatives is not a substitute for a valid will.
Family members may know what someone wanted, but verbal instructions do not automatically replace the formal legal process governing a deceased estate.
Without a valid will, the estate will generally be distributed according to South Africa’s intestate succession laws rather than informal conversations about who should receive particular assets.
Having an original valid will that can be located after death is therefore important.
Myth 7: A Will Can Contain Any Condition I Want
People generally have considerable freedom when deciding what should happen to their estates, but that freedom has legal limits.
Conditions attached to an inheritance must comply with South African law and public policy.
Carin Meyer, Product Head for Wills and Deceased Banking at FNB Fiduciary, has explained that a will does not exist independently of the law.
A person cannot assume that every condition included in a will will automatically be enforceable.
This can become particularly important in estates involving complicated family arrangements, trusts, businesses or conditions attached to an inheritance.
Myth 8: My Will Can Completely Exclude My Minor Children
Leaving a minor child out of a will does not necessarily remove the deceased parent’s legal responsibilities towards that child.
The source material from FNB Fiduciary notes that minor children cannot simply be excluded from financial maintenance because a will says so. An estate may still face a maintenance claim on behalf of a dependent child.
There is also a broader planning question for parents.
A will can contain provisions dealing with the management of assets intended for minor beneficiaries and can be used to nominate a guardian in appropriate circumstances.
Parents should therefore consider the needs of minor children when preparing an estate plan rather than treating inheritance as simply a list of beneficiaries.
Myth 9: My Will Guarantees That My Funeral Wishes Will Be Followed
People sometimes include burial or funeral instructions in their wills believing those directions will determine what happens immediately after their death.
The source material from FNB Fiduciary cautions that funeral and burial wishes contained in a will are not necessarily legally binding.
There is also a practical problem. Funeral arrangements may begin before the will has been located and fully considered.
People who have strong preferences about burial or funeral arrangements may therefore need to communicate those wishes to their families while they are alive rather than relying solely on the will.
Myth 10: My Debts Disappear When I Die
Death does not automatically erase money owed by the deceased.
Debts and liabilities have to be dealt with during the administration of the deceased estate before the remaining estate can ultimately be distributed to beneficiaries.
This can affect what beneficiaries eventually receive.
Someone may leave a particular asset to an heir, for example, but the overall estate still has to meet its lawful obligations during administration.
A will should therefore form part of a broader understanding of someone’s assets and liabilities rather than being viewed only as a list of who inherits what.
What This Means for Gauteng Residents
For Gauteng residents, having a will is only one part of estate planning. The document must also be valid, current and consistent with the person’s circumstances.
Anyone reviewing a will should consider:
- Whether their beneficiaries are still correct
- Whether marriage or divorce has changed their circumstances
- Whether provision involving minor children remains appropriate
- Whether retirement fund beneficiary nominations are current
- Whether major assets acquired since the will was written have been considered
- Whether the will was correctly signed and witnessed
- Whether the executor information remains appropriate
- Whether the original document can be located
- Whether debts and other liabilities have been considered
- Whether important wishes have also been communicated to family
Changes do not have to wait for National Wills Week. A major life event can be a practical reason to revisit an existing will.
Frequently Asked Questions
What happens if I die without a will in South Africa?
If someone dies without a valid will, their estate is generally distributed according to the Intestate Succession Act. This means legislation determines how qualifying relatives inherit rather than the deceased person’s unwritten wishes.
Does my will determine who receives my retirement fund?
Not necessarily. Retirement fund death benefits governed by Section 37C of the Pension Funds Act are generally dealt with separately from the deceased estate. Trustees investigate dependants and nominees before allocating the benefit.
Can I write my own will in South Africa?
Yes. A person can prepare their own will, but it must comply with the formal requirements prescribed by South African law. Complex estates or family arrangements may benefit from professional legal or estate planning assistance.
How old must you be to make a will in South Africa?
A person aged 16 or older can make a will, provided they are mentally capable of understanding the consequences of making the document at the time.
When should I update my will?
There is no single life event that applies to everyone, but marriage, divorce, having or adopting children, the death of a beneficiary and significant changes to assets or family circumstances are important reasons to review a will.
To Will or Not to Will?
A will can provide clarity about what should happen to an estate, but it cannot override every legal rule that applies after death.
Retirement fund benefits may be dealt with separately, debts must still be addressed, minor dependants can have legal claims and an incorrectly executed document may create complications.
For Gauteng residents, the practical issue is therefore not simply whether a will exists. It is whether the will is legally valid, reflects current circumstances and can be located when it is eventually needed.
