FAQ
Answers to the questions we hear most
Straightforward, professional answers on wills, executors, deceased estates and estate planning in South Africa.
Is an online will legally valid in South Africa?+
A will is only valid if it complies with the Wills Act 7 of 1953, including being signed by the testator and two competent witnesses at the same time. An online questionnaire on its own does not create a valid will.
Why should an attorney assist with my will?+
Attorney oversight ensures the will complies with South African law and correctly reflects your family structure, property, business interests and any foreign assets.
How much does it cost to draft a will?+
The cost depends on your family circumstances, assets and estate-planning requirements. Complete the assessment to receive a transparent professional quotation.
Can married couples have one will?+
Couples typically have separate but coordinated wills. In some circumstances a mutual will may be appropriate; a professional will advise based on your marriage regime and circumstances.
Who should I nominate as executor?+
The executor should be someone trusted and capable, and often it is prudent to nominate a professional executor or to require professional assistance.
What happens if I die without a will?+
Your estate is distributed according to the Intestate Succession Act, which may not reflect your wishes and can create delays and disputes.
When should I update my will?+
After significant life events — marriage, divorce, birth, death of a beneficiary, buying property, starting a business, acquiring foreign assets or every few years as a review.
How long does a deceased estate take?+
Straightforward estates typically take 6–12 months. Complex estates or those with property or disputes can take significantly longer.
What are executor's fees?+
Executor's remuneration is regulated. We provide clear information on standard fees before you appoint anyone.
What happens to property in a deceased estate?+
Property is dealt with under the L&D Account and typically transferred to beneficiaries or sold, depending on the will and beneficiaries' wishes.
What is a testamentary trust?+
A trust created in your will, often to protect minor children or dependants with special needs by holding inheritance under trustee control.
Can I nominate a guardian for my children?+
Yes. Your will is the primary place to nominate a guardian for minor children.