Many people treat their last will and testament as a once-off task—something you write, file away, and forget. But life rarely stands still. Relationships evolve, families grow, assets shift, and sometimes, the people you once trusted or intended to provide for are no longer part of your life. When your circumstances change, but your will doesn’t, the consequences can be far-reaching.

Outdated wills have led to ex-spouses inheriting property, new partners or children being unintentionally left out, and long-forgotten executors facing responsibilities they’re unwilling or unable to handle. In these moments, the question isn't just legal—it's deeply personal: does your will still reflect your wishes?

Why Is It Essential to Update a Will After Significant Life Events?

A will is more than a legal document—it’s a reflection of your values, relationships, and responsibilities. As those evolve, your will should too. Failing to update your will can create gaps between your intentions and what actually happens when your estate is wound up.

Let’s consider some real-world risks:

• You remarry, but your will still names your ex-spouse as a beneficiary.
• You have a second child, but only the first is provided for.
• You buy a new home or start a business, but these assets aren’t accounted for.
• A loved one passes away, but your will hasn’t been updated to reflect that change.

These aren’t rare scenarios—they happen every day. And the fallout can include family disputes, delays in estate administration, or unintended beneficiaries receiving a share of your estate.

Keeping your will current is one of the simplest, most powerful ways to protect your legacy and provide clarity to those you care about most. Updating your will after major life changes in South Africa isn’t just good practice—it’s essential.

Events That Should Prompt a Will Review

Reviewing your will regularly is wise—but there are certain life events that make it absolutely necessary. These changes often affect your personal relationships, financial circumstances, or legal responsibilities. If you’ve experienced any of the following, it’s time to revisit your last will and testament:

• Marriage or civil union - In South Africa, getting married can have automatic implications for your estate, especially if no antenuptial contract exists. A will drafted before marriage may no longer reflect your legal or financial reality.
• Divorce or separation - Failing to remove an ex-spouse from your will can result in them inheriting assets you no longer wish to leave to them.
• The birth or adoption of a child - New dependants need to be provided for. If a child is left out of a will—intentionally or by oversight—it can result in confusion or contestation.
• Death of a beneficiary or executor - If someone named in your will has passed away or is no longer capable of fulfilling their role, your will must be updated to reflect that change.
• Acquiring or selling significant assets - Property, businesses, or large investments should be accurately accounted for to avoid unintended gaps or disputes.
• Relocation (emigration or immigration) - Different legal systems apply across borders. Moving countries should prompt a review to ensure your will complies with relevant local laws.
• Major financial changes - A significant increase or decrease in your estate’s value may impact how you want your assets divided.

Even smaller life shifts—like strained relationships or changing priorities—can affect your intentions. A good rule of thumb is to review your will every few years, or whenever a major change occurs.

What Is the Best Way to Update a Will?

When it comes to updating your will after major life changes in South Africa, the safest approach is to do it properly—through the correct legal channels. A casual note, verbal instruction, or handwritten amendment won’t stand up in court and may even invalidate the original document.

There are two main ways to update a will:

1. Drafting a new will - This is often the clearest and most efficient option, especially if several changes are needed. The new will should include a clause that revokes all previous wills.
2. Adding a codicil - A codicil is a formal amendment to an existing will. It must be signed and witnessed in the same way as the original will. This option is best for minor updates.

Be cautious of changing a will just before death. While the law does not prohibit late changes, last-minute amendments often raise suspicion or lead to disputes—especially if the testator was ill, mentally compromised, or under pressure. If changes are necessary, they must be executed with extra care and ideally with legal support.

The best way to ensure your updated will is legally sound is to work with an experienced attorney who understands the requirements of the Wills Act and can help you avoid costly mistakes.

The Peace of Mind That Comes from Keeping Your Will Current

An updated will is more than just a legal safeguard—it’s a gift of certainty to those you care about. When your will reflects your present-day life, it gives your loved ones clarity, reduces the risk of conflict, and ensures your estate is handled exactly as you intended.

Knowing that your children are provided for, that your assets are distributed fairly, and that your personal choices are legally protected brings a sense of relief and control that few other documents can offer. Life can be unpredictable, but keeping your will current gives you the assurance that—whatever changes come—your wishes will be honoured.

Tools to Help You Keep Your Will Up to Date

To make the process easier, we’ve created a range of practical resources to guide you. Visit our Resources Page to access downloadable documents, checklists, and helpful tools designed to support you at every stage of your estate planning. Whether you're preparing your first will or reviewing an existing one, these materials offer a helpful starting point.

Cornell Horn Attorneys – Attorneys in Cape Town

At Cornell Horn Attorneys, we recognise that personal circumstances evolve, and legal documents should reflect those changes. For those reviewing or updating their last will and testament, careful attention to detail and legal compliance remains essential.

Contact us for more information about our professional, legal services around wills and deceased estate administration.