Write a simple will, free
Most South Africans die without a will, and the law then divides everything by a fixed formula that ignores partners you never married, friends, and any wish you ever had about who raises your children. A simple will fixes that in one page. Answer the questions and the will builds itself here in your browser, with the exact signing rules from the Wills Act, because a will signed wrong is no will at all. Nothing you type leaves this page.
Signing it so it counts
- 1Print it and find two witnesses who get nothingAdults, or anyone 14 and older, who are not heirs, not married to heirs, and not the executor or guardian. Section 4A of the Wills Act disqualifies a witness from any benefit, and a nomination as executor or guardian counts as a benefit.
- 2All three of you in the room at the same timeYou sign at the end of the will and at the foot of every other page, while both witnesses watch.
- 3The witnesses signat the end, in your presence and in each other’s. They do not need to read the will. No commissioner of oaths is needed.
- 4Date it, and keep the original safeThe Master of the High Court needs the signed original, not a copy. Tell your executor where it is. Redo the will after a marriage, divorce, birth or death; a divorce older than three months does not cancel gifts to an ex-spouse by itself.
Frequently asked questions
What makes a will valid in South Africa?
Section 2 of the Wills Act 7 of 1953: it must be in writing, you sign at the end of it, you sign every other page too, and you sign in the presence of two competent witnesses aged 14 or older who are both present at the same time and who then sign in your presence and each other’s. No commissioner of oaths is needed. Get any of that wrong and the Master may reject it.
Who may not be a witness?
Anyone who benefits under the will, or their spouse, and anyone you name as executor or guardian, because section 4A of the Act treats those nominations as a benefit and disqualifies a witness from taking it. Use two adults who get nothing under the will: a neighbour, a colleague, a friend.
What happens if I die without a will?
The Intestate Succession Act decides: your spouse and children share the estate in fixed proportions, and if there are none it goes to parents, then siblings, then more distant relatives. Nobody you are not related to by blood or marriage gets anything, a life partner you never married gets nothing, and the Master appoints the executor. A will is the only way to choose differently.
Married in community of property: what can I leave?
Only your half of the joint estate. The other half already belongs to your spouse. Married out of community, with or without accrual, you may leave everything you own, although under the accrual system your spouse may have a claim against the estate first.
Can I leave money directly to my minor children?
You can, but if there is no trust, cash inheritances for children under 18 go to the Guardian’s Fund at the Master’s office until they turn 18. A simple testamentary trust, which this builder includes as an option, keeps the money under a trustee you choose until the age you set.
Where do I keep the will?
Somewhere the executor can find the signed original. A copy is not enough; the Master wants the original. Tell your executor and one family member where it is. Many attorneys and banks will store it for free or a small fee.
Will your estate pay estate duty?
Estate duty starts at 20% above the R3.5 million abatement, and executor’s fees come off the top. See what your estate would actually pay before you decide who gets what.
Estate duty calculatorDeadlines and rule changes, by email
Filing dates, fee increases and rule changes that affect small South African businesses and families. One email when something matters, never more than monthly.
This builder produces a simple template will from your inputs, entirely in your browser; nothing is stored or sent to us. It follows the formalities in the Wills Act 7 of 1953. It is a starting point, not legal advice. Estates with a business, property in more than one country, a blended family, a disabled dependant or assets above the estate duty abatement deserve an attorney or a fiduciary practitioner.