- About wills
- Types of wills
- Why choose us
- Benefits
- Fees
- FAQs
Why you should draft a will today
- Control who inherits your estateIf you don’t have a will, your estate be distributed according to South African law.
- Your partner may be left with nothingThis is especially relevant if you’re not married or your if will wasn’t updated after a divorce.
- An appointed guardian could mismanage your estateYour children’s inheritance could pass to the Government Guardian’s Fund or another guardian who could mismanage it.
- Family disputes could ariseFamily members could argue over your assets if your final wishes aren’t clearly documented in a will.
- It could be years before beneficiaries receive their inheritanceFinalising your estate could take years without a will that appoints a professional executor, as it would need to follow government processes.
Types of wills we draft
- Types of Wills
A one-stop suite of services
Why draft your will with us
- Benefits
Draft a will online for free.
What are the fees related to estate planning?
Executor fees
Executor fees are paid to the executor of an estate to administer the affairs and distribute assets according to the terms of the will or applicable laws.Conveyancing fees
These fees typically refer to the costs associated with transferring the ownership of real property (such as land, buildings, or houses) from the deceased person's estate to the beneficiaries or new owners.Testamentary trust fees
This is the fee charged by the trustees to administer the trust you create in terms of your will, normally to look after the money you leave to your minor children. There will be a charge on net asset value to establish the trust, and an annual fee applicable for the ongoing administration of the Trust.Immediate expenses
Costs associated with arranging a funeral such as catering, travel and other immediate expenses. These fees eat away at the legacy you plan to leave behind.
The Sanlam Legacy Plan can cover up to 100% of estate planning fees with a personalised and affordable monthly fee, starting from only R107 per month.
Policies that pay into your estate may incur additional executor fees. A Sanlam Legacy Plan can reduce these fees, allowing your beneficiaries to receive an additional 4% in their payout.
Questions on drafting a will
What are the elements of a will?
A last will and testament generally includes:
Who your beneficiaries, heirs and legatees are. Your will stipulates who will benefit from your estate and what portion of your estate you bequeath (give) to them.
Whether a testamentary trust should be created for your minor children (known as beneficiaries).
Who the trustees should be if you do require a trust be set up.
Who the guardians of your minor children should be.
Who the executor of your estate should be.
Your last wishes: such as whether you want to be buried, be an organ donor, etc.
Is a handwritten will legal in South Africa?
Yes, a handwritten will is legal in South Africa however we strongly advise against a handwritten will. If you wish to do so, there are a few requirements that need to be met. The person drafting the Will:
has to be sixteen (16) years or older;
the will may not be signed by anyone who has been specified in the will (i.e. the executor, trustee, heir or legatee[s]) or their spouses.
The will should be legible and free of any errors.
The will should be signed by the person who wrote it and two independent witnesses.
What are the requirements for a will to be valid?
For a will to be valid in South Africa it has to adhere to the requirements as set out in the Wills Act 7 of 1953. These requirements include that:
A person must be over the age of 16 years.
The will must be in writing.
The will must be signed by the testator/testatrix (person who drafts the will), on each page and at the end.
Should testator or testatrix (he or she who drafts the will) be unable to sign, a thumbprint or X can be used if this is done in the presence of a commissioner of oaths.
The signing of the will should be witnessed by two competent independent witnesses, who sign on each page and at the end of the will too. There are, however, many options that are specific to your estate that may be overlooked or legalities that are not taken into consideration if you do not have your will reviewed by a testamentary specialist.
What happens if/when parents die without a will?
Any child will be deemed to inherit. If their inheritance includes cash, it will be administered in the Guardian Fund through the master of the high court. Any property to be inherited will not be able to be rented out or sold until the age of 18.
More ways to stay protected
107
58
100
Speak to an expert
Monday to Friday 08:00 to 17:00
Cape Town:
3rd Floor, Sable Corner,
Century City,
Milnerton,
7446
Johannesburg:
2nd Floor, Roland Garros,
The Campus,
57 Sloane Street,
Bryanston,
2129
Learn more about wills and estate planning
