The most important talk: What would your family need to know if you died tomorrow? Part 1

Executive Summary

The Sanlam Legacy 2026 Survey on South Africans and Wills found that only 28% of respondents have a will that is signed, witnessed and safely stored. Sixty-five percent don't have a will at all, and of those who do have a will 39% have not told the person most likely to wind up their estate where the document is and what it contains.

Most of us know that we should talk to our families about money and what we want to happen after we are gone. But fear of facing our own mortality, family dynamics, and not knowing how to initiate the conversation, can keep us silent. The problem is that remaining quiet doesn’t mean difficult decisions don’t have to be made. It simply means the people we love will have to shoulder an even heavier burden while grieving.

In the first part of this series, experts from Sanlam’s Make it Make Cents webinar explain why talking about your will and estate plan is an act of care, what your family may need immediately after you pass away, and how to take the pain out of the practicalities that follow the death of a loved one.

Why talking about death may be one of the most loving things you could do

“We need to talk” is a sentence that can make us feel uneasy. Add death, money and inheritance to the mix and it is easy to see why many families keep postponing it or prefer not to talk about it.

Addressing this discomfort was at the heart of The Most Important Talk, the second episode of the Sanlam Make it Make Cents series.

Hosted by entrepreneur and content creator Kopano Shimange, the webinar brought together leadership psychologist Dr Mavis Mazhura, Sanlam Trust Chief Operating Officer Louise Danielz, and Sanlam Trust CEO Advocate Sankie Morata CFP^®.

On the emotional side of the challenge, Mazhura explained that avoidance is not necessarily a sign that people don’t care. “We are not just rational human beings. We are also emotional beings, and our actions and inactions are driven by emotion,” she explained, adding that thinking about a will forces us to confront our own mortality and imagine life without someone we love. This can be difficult to contemplate and that’s why fear and denial may lead us to put off both the paperwork and the conversation.

Mazhura also pointed out that money is already a sensitive subject, and a will adds complexity to questions of fairness, roles within families and who receives what, especially in blended or extended families.

Shimange cautioned that decisions can either be made by you or, eventually, without you.

What happens if you die without a valid will in South Africa?

Morata explained that if a person dies without a valid will, they die intestate. Their estate is then distributed according to South Africa’s Law of Intestate Succession, rather than personal wishes or family preferences.

This matters because modern South African familiesdon’t always fit a traditional template. There may be a spouse, biological and adopted children, stepchildren, dependants or other people who were being supported by the deceased. Without a valid will and an appropriate estate plan, the legal outcome may not reflect the relationships or intentions that mattered most to the person who passed away.

Morata said a will allows you to record your wishes and plan carefully for beneficiaries. This is particularly important when minor children, vulnerable dependants, business interests or complex family structures are involved.

He was also at pains to point out that wills are not only for wealthy people. Even someone with few assets could still leave outstanding debts and taxes, cellphone contracts or retail store accounts, policies, and a digital footprint of online profiles, so someone needs to know what to do if something happens to them.

At the start of the webinar, 32% of respondents to an online poll said they had a will but it probably needs to be reviewed. A further 31% said they had wills that had been reviewed recently, 22% did not yet have a will but were considering getting one, and 14% said they did not have a will and were unsure where to begin. While these figures describe only a small sample, they reveal a familiar gap in the broader South African society between intention and action.

A will is vital, but your family may need more than a document

Having a valid, up-to-date will is an essential part of a solid estate plan. But a document stored somewhere unknown, or inaccessible, can’t answer the urgent questions of a grieving family. In fact, the Sanlam Legacy 2026 Survey on South Africans and Wills revealed that while nearly half of respondents (47%) have helped wind up a loved one's estate, only 22% described the experience as smooth, demonstrating how important good estate-planning really is.

To make the process easier, Danielz advised that one of the first things relatives will need to establish is where the original will is kept and who they should contact. They also need to know whether the person wanted to be buried or cremated, whether there is a funeral policy, and whether there is money (liquidity) for immediate expenses while the estate administration process gets under way.

Looking at practical solutions, Danielz recommended creating a “life file”, which she described as a secure, organised record that gives a trusted person an overview of your affairs by collating essential information. Depending on your circumstances, it could include:

personal documents such as your identity document, marriage certificate or divorce order;
location of your original, signed will and details of the nominated executor;
a list of assets, how they are owned and where records are kept;
liabilities such as a home loan, vehicle finance, credit agreements or business debt;
insurance and funeral-policy details;
business interests and key professional contacts; and
information about digital assets, online profiles or accounts, stored securely.

When it comes to digital assets, it isn't about exposing passwords or sensitive data, it's about securing access. The goal is to build a protected pathway to essential information for an authorised individual, and ensuring trusted people know how to find it.

“Having your documents done and prepared is not enough,” Shimange reflected. “You actually have to communicate with your family so that they know where to find these documents and who to call.”

In the second part of the series, we look at the potential challenges that can crop up while winding up an estate, when you should review your will, and how to have the most important conversation.

This article provides general information and education only and does not constitute legal, tax or financial advice. For guidance based on your circumstances, speak to an appropriately qualified professional.

FAQs

What happens if you die without a valid will in South Africa?
If you die without a valid will, you die intestate. Your estate is distributed according to South Africa’s Law of Intestate Succession, rather than personal wishes or family preferences.
Do I need a will if I do not own many assets?
Yes. A will is not only for wealthy people. It can record what should happen to personal possessions and other assets, identify an executor, and help provide clarity for the people handling your affairs.
What is a life file?
A life file is a secure, organised record of essential personal and financial information. It may include the location of your original will, details of assets and debts, policy information, business interests and key professional contacts.
Where should I keep my original will?
Keep it in a secure place where it is protected from loss or damage. Make sure your nominated executor or a trusted person knows where it is held and who to contact, without exposing sensitive information unnecessarily.
When should I review my will?
Review your will once a year or after major life events like marriage or divorce, birth or adoption of a child, death of a beneficiary, or a significant change to your assets, family responsibilities or business interests. Professional advice can help ensure your will remains valid and up to date.

Key Terms Explained

Will: A legal document that records how a person wants their estate to be dealt with after death and may include appointments such as an executor, or a guardian for minors.
Intestate: Dying without a valid will.
Intestate succession: The legal rules that determine how an estate is distributed when a person dies without a valid will.
Executor: The person or institution formally appointed by the Master of the High Court to administer a deceased estate.
Estate plan: A broader plan for the ownership, protection and transfer of assets, taking account of a person’s family, liabilities, tax position and wishes.
Life file: A secure collection of important personal, financial and contact information that can help authorised people handle your affairs.