Wills

Drafting a Will & Estate Planning

What is Estate Planning and Why is it Important?

Estate planning is more than preparing a single document. It is the careful arrangement of your affairs so that your assets, liabilities, and responsibilities are managed according to your wishes. A clear plan helps your family avoid delays, unnecessary costs, and disputes during estate administration. Estate planning is relevant to anyone with property, investments, a business, or dependants—regardless of estate size.

Wills in South Africa – What Makes a Will Legal and Valid?

A will (often called a last will and testament) is the foundation of an effective estate plan. For a will to be valid in South Africa, it must be in writing, signed by the testator, and witnessed by two competent witnesses who sign in each other’s presence and in the presence of the testator. A properly drafted will allows you to:

  • Specify how your assets should be distributed.
  • Nominate guardians for minor children.
  • Record practical wishes such as funeral directions.

If the formalities are not met, the will can be declared invalid, and your estate may be distributed in terms of the Intestate Succession Act rather than your preferences.

Who Needs to Draft a Will?

Every adult should consider drafting a will. Without one, you lose control over who inherits and in what proportions, which can create uncertainty for loved ones. A simple, legally compliant will provides clarity, safeguards dependants, and helps the executor administer your estate efficiently.

Why You Need an Attorney to Assist You with Estate Planning and Drafting a Will

Templates and do-it-yourself options often overlook important legal and practical issues. An experienced attorney will:

  • Ensure your will complies with South African formalities and case law.
  • Use clear, unambiguous wording to reduce the risk of disputes.
  • Advise on beneficiary designations, guardianship, and executorship.
  • Consider tax and liquidity implications to support a smoother administration.
  • Update your documents when life events occur (marriage, divorce, birth, new assets).

CHA Law – Estate Planning Attorneys in Cape Town

We provide tailored assistance with drafting a will, updating existing wills, and aligning your estate planning with your personal and financial circumstances. Our team focuses on practical, legally sound documents that reflect your wishes and protect your family.

Contact us to draft or update your last will and testament and put a clear plan in place for your estate.