As South Africans mark National Wills Week from 15–19 September 2025, legal experts are urging individuals to take the simple but vital step of drafting a will.
According to Susan Abro, a Durban-based attorney who has specialised in family law and litigation for over three decades, many people underestimate the importance of this legal document. “When you die without a will, you die intestate. This places an extreme burden on your family, especially if you have children,” she explains.
Without a valid will, intestate succession laws determine how your estate is divided. While the rules may appear straightforward, the process is often complex, costly, and stressful for those left behind. “Quite frankly, everyone has an obligation to their family to have a will. And it doesn’t have to be complicated. People often say, ‘I have nothing,’ but in reality, everyone has something of value, and even small estates require proper administration,” Abro notes.
A will is more than just a set of instructions for dividing property. It ensures that your loved ones are cared for and that your wishes are respected. For parents, it is particularly important to name guardians for minor children and to make provision for a testamentary trust, which protects assets until the children are mature enough to manage them responsibly. “It is wise to delay direct inheritance until at least 25 or even 30. Too often, young people use an inheritance recklessly instead of investing in something meaningful, like property,” Abro cautions.
The appointment of an executor is another key decision. Executors are responsible for winding up the estate and, ideally, this role should be filled by an attorney who specialises in such matters. However, if a family member is appointed, they may need to work alongside attorneys or accountants. “It is also essential that the will specifies that the executor is not required to provide security to the Master of the High Court. That small instruction can save families both time and money,” Abro adds.
A comprehensive will can also address deeply personal matters, such as instructions for the disposal of remains and the inclusion of a living will. This provides clarity on medical treatment at the end of life, sparing loved ones from making difficult decisions during emotionally charged times.
Practical considerations are equally important. Movable items such as jewellery, furniture, or sentimental possessions are often a source of family conflict. “I advise giving away items of personal value before death or at least recording who should receive them. That way, families avoid unnecessary disputes,” says Abro.
She also stresses the importance of planning around finances, particularly with frozen bank accounts after death. “If your spouse is terminally ill, you must ensure that funds are transferred legally and with their consent beforehand. Once an account is frozen, families can be left without access to money until the estate process is underway.”
Ultimately, a will is a document that speaks for you when you no longer can. “It protects your loved ones, ensures your wishes are respected, and gives your family one less burden to carry at an already difficult time,” Abro concludes.
During National Wills Week, individuals can have a basic will drafted free of charge by participating attorneys. To find a local attorney taking part in the Law Society of South Africa’s initiative, visit: www.lssa.org.za
