Picture yourself standing before a colourful canvas in your sunny atelier. Every decision you’ve made – every compromise, celebration, every silent victory or loud failure – has created the story of your life. Estate planning is the step back from that canvas, making sure your story continues after you’re gone.
The forthcoming National Wills Week (15–19 September 2025) is an ideal moment to take this step. Drafting a will isn’t just about assets – it’s about shaping how your legacy is remembered and protecting the people who matter most.
💖 Estate Planning as an Act of Care
We all know the truth: We all will die (one day). Yet many avoid planning for it. Writing a will is one of the most practical and caring things you can do for your loved ones.
Many people delay making a will – sometimes because they feel invincible, some are scared of the admin involved, and others don’t want to deal with the finality of death. But the consequences of not having one can be painful.
We have been rattled awake by the passing of a friend during a motorcycle accident a couple of years back. There was no will – there was nothing, and it was truly a mess. His fiancée had been left behind, not knowing that there was insurance for the newly purchased house, and she had to figure out how to pay the mortgage.
It took a whole year to pay off the house, thanks to the insurance, leaving her not only in an emotional disaster during this year due to the loss of her future husband, but also with the financial aftermath.
That experience was a harsh reminder: not having a will can leave loved ones in turmoil. National Wills Week makes this easier by offering free will drafting through the Law Society of South Africa. Here are the four key steps to building a solid will.
🖌️ Step 1: Sketch the Vision – A Will as Expression of Your Wishes
Your will is the bold outline of your life’s painting. It ensures your choices guide the future.
Brushstroke One: Choose Your Palette
Decide who inherits your assets – property, savings, investments, heirlooms, or even digital accounts like cryptocurrency or social media accounts. In South Africa, a will ensures your wishes take priority over the default Intestate Succession Act, which may exclude partners (if you are not married!) or stepchildren.
Brushstroke Two: Appoint the Curator
Select an executor – someone you trust to manage your estate, pay debts, and distribute assets. Executors earn 3.5% plus VAT of the estate value, so choose carefully, leave them with clear instructions and give them access to important documents like a copy of your will and access details.
Brushstroke Three: Shield Your Muses (Children)
If you have children, name a guardian. Consider a testamentary trust to manage their inheritance until they’re old enough. Unlike the state’s Guardian’s Fund, which can be bureaucratic and limit access (e.g., up to R250,000 for maintenance), a testamentary trust allows you to set terms, like funding education or releasing funds at a specific age, ensuring your children’s tomorrows are secure. Discuss this with a professional to balance costs and benefits, as trusts involve administrative responsibilities.
Brushstroke Four: Sign with Intention
A will must be signed, dated, and witnessed by two people who are not beneficiaries. Without this, it won’t hold up in court. South African law doesn’t automatically recognise non-traditional relationships, like same-sex partners or cohabiting soulmates, so your will is a final act of love, ensuring they are cared for. Without it, loved ones could face years of legal limbo, as estates in South Africa can take time to finalise.
💪 Step 2: Claim Your Autonomy – Especially for Women
Writing a will is a claim to your power in a world that often overlooks women’s voices. It’s about ensuring your story endures.
Ink Your Enterprise
Whether you’re an entrepreneur, professional, or caregiver, your will ensures your efforts live on. Direct what happens to your business, creative work, or other ventures. For example, if you’ve built a beadwork business, your will can direct its continuation or sale, preserving its value for your heirs.
Acknowledge the Chosen Ones
Family isn’t always defined by blood. Without a will, unmarried partners or stepchildren may be excluded. A will lets you include the people you actually consider family.
Seed Tomorrow’s Change
Your legacy can also be about community impact. You can leave funds to a scholarship, library, or charity. With guidance, these gifts can be structured to maximise their effect and reduce estate taxes.
🧩 Step 3: Add the Details – Estate Planning as a Broader Strategy
A will is the cornerstone, but estate planning is a multidimensional work of art. Add depth to ensure your legacy has structure and protection.
Marital Matters
Your marriage contract affects your estate. If married in community of property, assets are shared. If married out of community, separate wills are often needed. For example, a mismatch between your marriage contract and will could leave your spouse or heirs in limbo. Consult a specialist to align these elements, particularly if you have a complex family structure.
Trusts as a Safety Net
A testamentary trust is a powerful tool to protect minors or dependents with disabilities. It ensures their inheritance is managed responsibly by trustees. Unlike a living trust, which requires ongoing administration, a testamentary trust activates only at your passing, reducing costs during your lifetime.
International Assets
If you own property abroad, you may need separate wills for each country, as legal frameworks differ. An estate planner with cross-border expertise can help you avoid costly delays and disputes.
Minimise Costs
Estate duty (20–25%) and executor fees (3.5% + VAT) can dim your legacy’s brilliance. With planning – like charitable bequests or exemptions – you can preserve more for them.
🔄 Step 4: Keep It Current – Estate Planning as a Living Process
Estate planning isn’t a one-time stroke and needs to be revisited regularly. Sort of like a living ritual, evolving with your life’s chapters. Make it a vibrant part of your story.
Update Regularly
Life is fluid – marriage, divorce, a new child, or new assets all require will updates. Without this, an ex-spouse could inherit years after separation. A simple codicil (an amendment) can update your wishes without redrafting the entire document.
Talk About It
Break the silence around wills. Share your plans with your family, let them know where the will is stored, and discuss key details, like policy schedules or digital passwords. These conversations weave financial responsibility into your family’s fabric, empowering your children to become stewards of their own futures.
Include Digital Assets
Your digital footprint – social media, email, or cryptocurrency accounts – is part of your estate. Designate a “legacy contact” for platforms like Facebook or provide a secure document with account details and access instructions. For cryptocurrencies, include wallet access details in your will or a trusted file, ensuring your heirs can claim these assets without technical barriers.
Store It Safely
Keep your will secure but accessible – with your attorney, financial advisor, or digitally in a safe folder. Tell your executor and loved ones where to find it.
During National Wills Week (15–19 September 2025), take advantage of free will drafting through the Law Society of South Africa to start or refine your plan. You can pre-register now. Pair this with resources like our Money Magnet Meet-Ups or our Money Magnet’s Master Class for ongoing guidance. And most importantly: Don’t wait until it is too late.
