A valid will is how you make sure the right people inherit, your children are cared for by the right adults, and (if you own a business) the company isn’t thrown into chaos. When a will doesn’t meet South Africa’s formal requirements, the Intestate Succession Act takes over. That can delay access to money for school fees, complicate guardianship, and even stall your business.

Two real-world scenarios show how small mistakes create big problems.

Scenario 1: The “rushed pandemic will”

A couple signed a joint will during COVID, but the witnesses and the testators weren’t all present together when they signed. The court treated the will as invalid, and the estate had to be wound up as if no will existed. Result: delays getting funds released for the children’s expenses and uncertainty about who could legally decide on their care. Good intentions couldn’t fix missed formalities.

Scenario 2: “Three wills, no dates”

A mother left several documents that looked like wills - some undated, none properly witnessed. With no reliable way to identify the last valid will, the court set all of them aside. Carefully planned gifts (including a small education fund and a bequest to a favourite charity) fell away; the statutory formula applied instead.

The simple rules (in plain English)

Your will must be in writing; signed at the end by you; signed in front of two competent witnesses who sign in each other’s and your presence; and, if there are multiple pages, you sign each page. If you miss a formality, a court can only “rescue” a document in very limited circumstances - usually where you personally drafted or executed it intending it to be your will. Don’t rely on that.

Practical implications for women with children (and women who run businesses)

Think of your will as a “continuity plan”: appoint a guardian you trust (and a substitute), create a testamentary trust for minors so money can be managed until an age you choose, and nominate an executor who understands your family and, if relevant, your business. If you’re a shareholder or sole proprietor, make sure your will works with any buy-and-sell or shareholders’ arrangements so the company can keep paying salaries and your children’s needs don’t wait on corporate paperwork.

What to do this Wills Week

Use the week as a prompt to check that you have a will, that it’s valid, and that it still reflects your life now - new baby, blended family, maintenance orders, a new partner, or a new business. If you’re unsure, have it reviewed and re-executed properly. A compliant will today prevents expensive, stressful disputes tomorrow.

Register for a free review here

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