Wills

Your will is one of the most important legal documents you’ll ever sign. It’s how you decide who inherits your assets, who cares for your children, and how your affairs are managed after your death. At Cornell Horn Attorneys, we help you draft a clear, legally valid will that reflects your wishes and protects the people you care about. You’ll receive personal guidance from an experienced attorney who ensures your document is compliant, unambiguous, and easy to execute when the time comes.

What Does a Valid Will Do?

A will gives you control. Without one, South African intestate laws decide who inherits your estate — and the outcome might not match your intentions. Drafting a will ensures your assets, property, and personal items are distributed exactly as you choose.

If you have children, a will lets you appoint a legal guardian and provide for their financial security. It also prevents unnecessary delays, disputes, and costs during estate administration. When your instructions are clear and lawful, your executor can act quickly, and your family avoids avoidable stress and confusion.

A valid, well-drafted will gives your family certainty and stability when they need it most.

When to Update Your Will

A will should evolve as your life changes. Major events can alter how you want your estate handled, and outdated instructions can create unnecessary complications.

You should review or update your will when:

  • You get married, divorced, or enter a long-term partnership.
  • You have children or become responsible for dependants.
  • You acquire or sell significant assets, such as property or a business.
  • Your executor, guardian, or beneficiary passes away or becomes unsuitable.
  • You move to another country or your financial structure changes.

We recommend reviewing your will every few years, even if nothing major has changed. Regular reviews ensure your estate plan remains aligned with your current circumstances, South African law, and your family’s best interests.

What Makes a Will Legal in South Africa

For a will to be valid in South Africa, it must meet these legal requirements:

  • It must be in writing — handwritten, typed, or printed.
  • It must be signed by you (the testator) on every page and at the end.
  • It must be witnessed by two competent people, both present when you sign and when each other sign.
  • Witnesses cannot be beneficiaries or related to beneficiaries.

Any deviation from these rules can lead to delays or invalidation. Ambiguous language, missing signatures, or informal updates often cause unnecessary disputes. A properly drafted will removes uncertainty and ensures your executor can administer your estate without interruption.

How Cornell Horn Attorneys Help You

Working with an experienced wills and estates lawyer ensures your document is both valid and practical. At Cornell Horn Attorneys, every will is drafted with precision and tailored to your personal and financial circumstances.

Our attorneys:

  • Ensure your will complies with South African legal formalities.
  • Use clear, enforceable language to prevent disputes or misinterpretation.
  • Advise on executors, guardianship, and beneficiary designations.
  • Address tax and liquidity considerations to streamline estate administration.
  • Update your will when major life changes occur — marriage, divorce, birth, or new assets.

For clients seeking complete peace of mind, we integrate will drafting into a broader estate planning strategy. This coordinated approach aligns your will, trust structures, and asset ownership to protect your wealth and ensure an efficient transfer to your heirs. You’ll know your estate plan covers every detail — from succession to tax implications — with one professional team guiding the process.

When you work with Cornell Horn Attorneys, you receive more than a document. You get professional assurance that your estate and your legacy are protected exactly as you intend.

Start the Process

Putting a valid will in place is straightforward when you have the right legal guidance. Cornell Horn Attorneys offers a confidential consultation to help you clarify your wishes, identify potential risks, and draft a document that meets all South African legal standards.

You can also include your will as part of a complete estate planning consultation, ensuring your assets, trusts, and succession plans are aligned.

Contact Cornell Horn Attorneys to draft or update your last will and testament and make sure your estate is handled exactly as you intend.

Secure your peace of mind.

Drafting a Will - attorneys Cape Town

You’re not legally required to use a lawyer to draft a will in South Africa, but it’s strongly recommended. A will that doesn’t comply with the Wills Act or uses unclear language can easily be challenged or ruled invalid.

Working with an experienced wills and estates lawyer ensures your document is properly drafted, witnessed, and aligned with your exact wishes. It also gives your family confidence that your estate will be administered smoothly and according to law.

The biggest mistake people make is using vague or incomplete wording. Ambiguous instructions, missing signatures, or forgetting to appoint an executor often cause disputes and delays after death. Another common issue is failing to update the will when circumstances change — such as marriage, divorce, or new assets.

A well-drafted will should be precise, legally compliant, and reviewed regularly. Working with a qualified lawyer helps you avoid these errors and ensures your wishes are carried out exactly as intended.

Yes, you can draft your own will in South Africa, but it must comply with the Wills Act 7 of 1953 to be valid. That means it must be in writing, signed by you on every page and at the end, and witnessed by two competent people who sign in your presence and in each other’s.

While a self-drafted will is legally allowed, most problems arise from unclear wording or technical mistakes that make the document unenforceable. Having a lawyer draft or review your will ensures it’s clear, compliant, and properly executed.

To be legally valid in South Africa, a will must meet these four core requirements under the Wills Act 7 of 1953:

  1. It must be in writing — handwritten, typed, or printed.

  2. It must be signed by the testator (the person making the will) on every page and at the end.

  3. It must be witnessed by two competent witnesses, both present when the testator signs and when each other sign.

  4. Witnesses may not be beneficiaries or related to beneficiaries named in the will.

Meeting these requirements ensures your will is legally enforceable and prevents disputes or delays during estate administration.

A will in South Africa does not expire. Once it’s properly signed and witnessed according to the Wills Act, it remains valid indefinitely — unless you revoke or replace it with a new one.

However, life changes can make an old will outdated. Events like marriage, divorce, the birth of a child, or acquiring new assets can affect how your estate should be managed. It’s recommended to review your will every few years to ensure it still reflects your current wishes and legal circumstances.