We're young and don't have much — do we really need wills now?
Yes. A will isn't just about distributing wealth — it's about naming a guardian for future children, choosing your own executor (rather than one appointed by the state), and ensuring your ANC and estate plan work together.
The cost of drafting a will now is trivial compared to the legal costs your family may face if you die intestate. And the wills we draft include a testamentary trust clause that activates for any minor children you may have in the future — even if you don't have them yet.
Can I just get a free will from my bank instead?
You can, and having any will is better than none. But there are trade-offs: free wills are typically conditional on the bank or trust company being nominated as executor, which locks in a 3.5% + VAT executor fee on your estate (R161,000 on a R4 million estate).
The drafting is often done by lay consultants rather than attorneys. And crucially, they won't have your ANC in front of them — so the will may not properly address accrual claims, asset exclusions, or the specific regime you've chosen. Our wills are drafted by the same attorney who drafts your ANC, ensuring complete alignment.
What is a mirror will?
Mirror wills are matching wills where each spouse leaves their estate to the other. If the surviving spouse has already died (or both die simultaneously), the estate passes to nominated alternative heirs — typically children, parents, or siblings.
The two wills are consistent and complementary. This is the most common will structure for married couples and is appropriate for the vast majority of newlyweds with straightforward estates.
What if we already have wills?
Marriage doesn't automatically revoke an existing will in South Africa (unlike in some other countries). However, your existing wills almost certainly need to be updated to reflect your new ANC, your changed marital status, and your spouse's rights. It's also common for pre-marriage wills to be silent on accrual claims, testamentary trusts for future children, or spousal bequests aligned with the marriage regime.
We'll review your existing wills and either confirm they're adequate or recommend replacing them with properly aligned new wills.
Does my will override my retirement fund beneficiary nomination?
No. This is one of the most common misunderstandings in estate planning. Under Section 37C of the Pension Funds Act, the trustees of your retirement fund have discretion over who receives the death benefit.
They must consider all financial dependants — including your spouse, children, and anyone financially dependent on you — regardless of what your will says. Your beneficiary nomination form guides the trustees, but doesn't bind them. In the Estate Planning Consultation, we review your retirement fund nominations to ensure they're consistent with your will and ANC.
What is the accrual claim and why does it matter for my will?
If you're married with accrual (the most popular ANC regime), each spouse retains their own estate during the marriage. But when the marriage ends — by death or divorce — the spouse whose estate grew less during the marriage has a claim for half the difference in growth.
On death, this creates a debt in the deceased's estate (or a claim against it) that must be settled before other bequests take effect. If the will doesn't address this, it can reduce what other beneficiaries receive or force the executor to sell assets. Our wills include a specific clause to manage the accrual claim cleanly.
Do we need a trust?
Most young couples don't need an inter vivos (living) trust. Trusts have setup costs, ongoing compliance and filing requirements with SARS, and annual administration obligations.
They're appropriate when you have significant assets, business interests, or specific planning needs (like asset protection from creditors). However, almost every couple should include a testamentary trust clause in their will — a trust that only activates upon death, costs nothing to create, and protects any inheritance for minor children. Both our packages include this clause as standard.
Can we sign our wills at the same appointment as our ANC?
Yes — that's exactly how we've designed this service. You attend our Pretoria office, sign the ANC before the Notary Public, and immediately afterwards sign your wills in the presence of two witnesses (we provide them). One visit, both documents executed. The will-signing typically adds only 10–15 minutes to the ANC appointment.
What happens if our circumstances change after we sign?
Your will should be reviewed whenever your circumstances change materially — the birth of a child, purchasing property, divorce, a significant increase in wealth, or changes to your retirement fund arrangements. We send an annual reminder to review your wills. Updating a will can be done by codicil (an amendment) or by drafting a new will that revokes the previous one. We offer competitive rates for will updates to existing clients.
Will you try to nominate yourselves as executor?
No. The choice of executor is entirely yours. We'll explain the role, the 3.5% + VAT fee, and the pros and cons of nominating a family member vs. a professional. Many clients choose a trusted relative and exempt them from furnishing security.
Some clients nominate our firm — and we're transparent about the fee. We never pressure the nomination, and we never bundle it as a condition of will drafting. This is a fundamental difference between our service and "free" will offerings.
