Too many people overlook the critical need of making a Will, believing that all they have achieved will be automatically bequeathed to the ‘obvious’, intended beneficiaries when they die. But this is not always the case.
When Lerato passed away, her family was heartbroken—but they found comfort in knowing she had left behind a Will. In it, she had thoughtfully outlined how her belongings should be shared, from her home to the jewelry she wore every day. There was no confusion, no arguments—just a clear reflection of her wishes. She had even named a guardian for her young daughter, ensuring she’d be raised by someone she trusted. Without Will, her family might have faced delays, legal complications, and painful disagreements. But because she had taken the time to put her intentions in writing, her legacy could unfold just the way she had planned. A Will isn’t just a legal document—it’s a final act of love and care.
If you pass away without leaving a Will, legislation will determine how your assets should be distributed. Writing a Will ensures that your assets are shared among your selected beneficiaries. If you select an Executor in your Will, you will also speed up the estate administration procedure, as it could take months for the Master of the High Court to appoint an Executor, potentially leaving vulnerable family members without crucial income.
Key Reasons a Will is Essential.
Wills limit disputes between family members
A concise, well-written Will can help to avoid family disputes over your wealth. In rare situations, the courts may enable a Will to be challenged; however, there must be a reason to suspect that the Will is invalid, such as if the person who signed the Will was not of sound mind or was unfairly influenced by a third party.
The deceased’s wishes
“A Will can explain how you want specific assets to be used and clearly state who should receive each item or portion of your estate after you pass away.” Would you like it in a more formal, legal tone or something more conversational and easy to understand for the general public?
Wills name the guardians of children
The State will decide who will have guardianship of your children unless you specify in your Will who you would like to care for them in the case of your death. The State may select a person you would have personally selected or a third party that you may not have approved of.
You can provide for heirs with special needs
You may pass away when your beneficiaries are too young or immature to manage their inheritance. In such cases, a Will can insist on the assets being placed in a trust that can either limit the beneficiaries’ access until they are of a certain age or distribute the money over some time. Such provisions can also be tailored to care for elderly relatives or those with special needs.
What happens if I die without leaving a Will?
Your assets will be distributed among your surviving blood relations in terms of legislation, but this may not be what you want. “For instance, your entire estate may go to an estranged relative you barely know, while a well-loved friend or charity gets nothing. And if you don’t have any blood relatives, your assets will be forfeited to the State, without your closest friends or charitable causes benefitted or supported,” says van Schalkwyk.