South African law does not reserve will drafting for attorneys. You may draft your own will or ask an attorney, fiduciary specialist or another person to assist. What matters is that the final document records your intentions accurately and complies with the Wills Act.

Care is needed if the person involved in preparing the will is also meant to benefit from it. Section 4A of the Wills Act can disqualify a person, and in some cases that person’s spouse, from receiving a benefit if that person witnesses the will, signs on behalf of the testator or writes out the will or part of it in their own handwriting. The Act contains exceptions, but it is better to avoid creating the issue unnecessarily.

A will also does not control every benefit that may arise on death. Many retirement fund death benefits are dealt with under section 37C of the Pension Funds Act. Where section 37C applies, the fund’s board is generally not bound by the member’s will or beneficiary nomination and must apply the statutory rules when allocating the benefit.

Wealth and Legacy Group provides will and estate planning services through its fiduciary offering. Whoever drafts the will should understand both the legal formalities and the client’s broader estate planning circumstances.

See also: Where is the best place to create a will? | What is the minimum cost to draft a will?

Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.