Time and time again we see deceased estates and then the problems arise as there is no VALID will in place. A will is one of the most important legal documents you will ever sign. Yet many people put it off, thinking it is only necessary later in life, or only for those with significant wealth. The truth is that every person over the age of 16 needs a will, no matter their stage of life or financial position.

In South Africa, owning immovable property is a significant financial investment and often a heavy burden to manage. Given the economics, social value and the complex legal processes required to transfer ownership, the need for will cannot be overstated: Without one, your property may not be inherited by the individual(s) you intended.

Avoid intestate succession

When a property owner dies without a valid will in South Africa, their estate is administered under the Intestate Succession Act. Dr Samantha Smith gives this example, if you co-own property with your significant other, your partner may have no legal right to inherit your share if they cannot prove that the relationship constituted a ‘life partnership’. Instead, your relatives could inherit your portion and even force the sale of the property.

In other instances, your intestate heirs may be unprepared to co-own property or disagree on major property-related decisions, such as selling, leasing, or renovating the premises, which further complicates matters and can lead to long-lasting disputes.

Select your intended beneficiaries

A will enables you to clearly designate which beneficiaries must inherit specific assets, including property, and to appoint residuary heirs. Whether you own a family home, a sectional title unit, or multiple properties, a properly drafted will – read with a co-ownership agreement, if applicable – is essential to securing your legacy and protecting your loved ones’ interests.

Says Dr Samantha Smith holds a BSocSci, LLB, LLM, and PhD (Law) UCT.
https://stbb.co.za/blog-why-every-property-owner-in-south-africa-needs-a-will/

Who inherits?

According to Bruce Swain, MD of Leapfrog Property Group: https://www.property24.com/articles/homeowners-why-having-a-valid-will-is-vital/25607

If the owner has indicated who will inherit, the matter is simpler (if no one contests it). But if no valid will was in existence and the estate is solvent, the assets will be disposed of as per the Intestate Succession Act no 81 of 1987. If no provision has been made for taxes (and limiting them where possible) the burden on the inheritors can be huge.

Not all wills are created equal

“Even if a homeowner has written a will, it may not be valid. In order to ensure that their final testament is legally binding it needs to meet the requirements outlined in Wills Act 7 of 1953. Three conditions need to be met for a will to be valid:

1. The writer of said will has to be over the age of 16.

2. The will must be in writing.

3. Each page, including the last, has to be signed by the testator. The final page also needs to be signed by two competent witnesses (who have to be 14 years of age or older). All witnesses need to be present at the same time at the signing of the will, and cannot be beneficiaries of the will.

Each estate is unique, however, there are situations were no Capital Gains Tax or even estate duty will apply, therefore it’s best to consult with an attorney to do proper estate planning, sooner rather than later.

Nominate a professional executor

It might be that assets need to be sold to finalise the outstanding debt in the estate, or that the heirs want to sell it.

According to law firm Smith Tabata Buchanan Boyes (STBB), should a homeowner have drafted a valid will and appointed an executor of their estate, the nominated executor must first establish his or her authority to act on behalf of the estate by applying for and obtaining Letters of Executorship from the Master of the High Court. Says Swain.

This simplifies the administration of your estate and allows you to nominate a trusted professional executor to help you and the property, rather than leaving the final choice to the Master of the High Court. This approach, reduces delays, minimises costs, and preserves the funds available to your beneficiaries.

As establishing an executor’s authority can take time, depending on High Court case loads, and not having nominated an executor means that the heirs need to wait for the court to appoint an executor. A deceased’s property cannot be sold before the executor has been formally appointed by the Master of the High Court.

According to STBB, a purported sale will not be valid if the executor signing off has not been appointed, nor will a later signature ratify the sale.

A written consent of all heirs has to be obtained when selling property belonging to the deceased’s’ estate, upon the consent of the Master of the High Court. Normally an executor will first determine what, if any outstanding debt the deceased had upon the time of their passing. This debt has to be settled first, which may well necessitate the sale of the family home.

“I would strongly advise homeowners to share all the relevant documentation (from the will to bank statements and the like) with a trusted family member/executor so that they know where everything is, and how to proceed. Should the home need to be sold, this will speed up the process considerably,” says Swain.

However, even with everything in place, heirs need to know that concluding an estate will take some time even before the executor will be able to proceed on a property sale. It can take up to a year or more.

In a nutshell 10 reasons why you should have a will.

You decide who inherits your estate
Without a will, your estate is distributed according to intestate succession laws, not your personal wishes. A will ensures your assets go to the people or organisations you choose.
You appoint guardians for your children
If you have minor children, a will allows you to nominate a guardian. Without it, the court decides — and their choice may not reflect your wishes.
You protect your partner
Unmarried partners are often excluded from inheritance under intestate succession. A will gives you the power to secure their financial future.
You minimise family conflict
By leaving clear instructions, you reduce the risk of disputes and legal battles among loved ones. A well-drafted will provides certainty and clarity.
You choose your executor
The executor is responsible for winding up your estate. With a will, you appoint someone you trust, rather than leaving this decision to the court.
You speed up the estate process
When there is no will, estate administration can become lengthy and complicated. Having a valid will often shortens the process and reduces delays for your loved ones.
You protect sentimental belongings
A will allows you to specify who should receive personal items with sentimental value, preventing conflict over family heirlooms.
You can support charities or causes
If you want to leave part of your estate to a charity, church, or cause close to your heart, you need a will to make that happen.
You plan for business interests
If you own a business, a will can ensure a smooth transfer of ownership or set out instructions for its continuation, protecting employees and your family’s financial stability.
You gain peace of mind
Having a will in place means you know your affairs are in order. Your loved ones are protected, and your legacy will be honoured according to your wishes.

According to, A de Bruyn Attorneys. https://debruynlegal.co.za/2025/09/05/10-reasons-everyone-needs-a-will/

How can an estate planning attorney help?

Don’t leave everything to chance. Speak to an experienced estate planning attorney to draft a clear and comprehensive will that outlines your assets and gives effect to your wishes. Contact experts such as Conveyancing attorneys in your local area to help you.

News & Market Insights

Truth of Why every person needs a Will, no matter their Stage of Life or Financial Position.