An antenuptial contract protects your assets during your marriage. But it says nothing about what happens to those assets when you die. That's what a will does — and the two documents must work together, or they can work against each other.
The marriage regime you choose in your ANC has direct consequences for your estate. If you're married with accrual and you die, your surviving spouse has an accrual claim against your estate — a legal right to half the growth in your combined estates during the marriage. If your will doesn't account for this claim, your other beneficiaries may receive less than you intended, or your executor may need to sell assets to settle the claim. If you're married without accrual, your estates are entirely separate, and without a will your spouse inherits under the Intestate Succession Act — which may not reflect your wishes at all.
The moment you sign your ANC is the ideal time to get your will in order. You're already making informed decisions about your financial future, you're already in front of a Notary Public, and we already understand your circumstances from drafting your contract. It takes minimal additional time, and the cost is a fraction of what you'd pay for a standalone attorney appointment.
The alignment problem is real. An ANC with accrual creates legal obligations that arise on death and must be addressed in the will. An ANC without accrual creates complete separation that must be reflected in the will. An ANC that excludes certain assets needs a will that accounts for those exclusions. We drafted both documents to ensure they speak to each other.
Around 70% of South Africans don't have a valid will. For a newly married couple, dying intestate — without a will — creates problems that compound with the marriage regime:
Without a will, the Intestate Succession Act determines who inherits. Your spouse gets a child's share or R250,000 (whichever is greater) — and the rest goes to your children. If you wanted your spouse to inherit everything, or if you wanted specific assets to go to specific people, the law won't reflect that.
Without a will, there is no nominated guardian for your minor children. A court will appoint one, and it may not be the person you would have chosen. This can be avoided with a single clause in a properly drafted will.
If married with accrual and one spouse dies, the surviving spouse has a claim against the estate for half the accrual. If the will doesn't address this — or doesn't exist — the executor must calculate and settle the claim before distributing the estate, potentially forcing the sale of assets.
Without a testamentary trust in a will, money inherited by minor children (under 18) is paid into the state Guardian's Fund. Access is restricted and bureaucratic. A testamentary trust clause in your will keeps the funds managed by a trustee you choose, with conditions you set.
Without a will, the Master of the High Court appoints an executor. This may be a stranger. The executor is entitled to 3.5% of the gross estate value plus VAT — on a R4 million estate, that's R161,000. In your will, you nominate someone you trust and can negotiate the fee.
Beneficiary nominations on retirement funds and life policies may conflict with your will or your ANC. Retirement fund benefits are distributed at the trustees' discretion under Section 37C of the Pension Funds Act — your will doesn't override this. A proper estate plan ensures everything is aligned.
Marriage Ready WillsMatching wills for both partners R1,000for both wills combined
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This is for most couples signing an antenuptial contract — young, healthy, straightforward estates, no children from previous relationships, no complex business structures. You want wills that work properly from day one, aligned with the ANC you've just signed, without the time and expense of a full estate planning exercise.
Mirror wills — each partner leaves their estate to the surviving spouse, and if both pass away simultaneously (or the surviving spouse has already died), the estate passes to nominated heirs (typically children, parents, or siblings). The wills mirror each other, ensuring consistent provisions regardless of who dies first.
Tailored to your ANC regime:
Testamentary trust for minor children — even if you don't have children yet, we include a testamentary trust clause that activates if you have minor children at the time of death. This ensures that any inheritance due to children under 18 is managed by a trustee you nominate (not the state Guardian's Fund), with conditions you specify — for example, that capital is released at age 25, or used for education and maintenance in the interim.
Guardian nomination — you nominate the person or persons you want to care for your minor children if both parents die. While the court makes the final appointment, the will's nomination carries significant weight.
Executor nomination — you nominate the person or institution to administer your estate. You may nominate a family member, a trusted friend, or a professional (including our firm). We discuss the 3.5% executor fee transparently and help you make an informed choice. You may also specify in the will that the executor is exempt from furnishing security to the Master.
Safe custody — we store the original signed wills in our fireproof vault at no ongoing charge. You receive certified copies.
This is for couples who want to go deeper — perhaps you already own property, have meaningful retirement fund balances, run a business, have children from previous relationships, or simply want a professional eye on the bigger picture before getting married. The consultation includes both wills and covers the full spectrum of estate planning topics relevant to a couple entering marriage.
📊 Estate Duty Exposure
We review your combined asset position against the R3.5 million primary estate duty abatement and the Section 4(q) spousal bequest exemption. We explain how your marriage regime affects what falls inside and outside your estate for duty purposes.
⚖️ Accrual Impact on Death
For ANC with accrual, we model the potential accrual claim and show how it affects the estate. We ensure the will handles the claim cleanly — preventing forced asset sales or unintended reductions in bequests.
🏦 Retirement Fund & Life Policies
Section 37C of the Pension Funds Act gives trustees discretion over death benefits — your will doesn't override this. We review beneficiary nominations on your pension, provident, RA, and life policies to ensure alignment with your estate plan.
🏠 Property & Asset Structure
Who owns the house? Is it bonded? How does the ANC regime affect it at death? We review how each major asset is held and whether any restructuring would be beneficial — including co-ownership, usufruct provisions, or trust ownership where appropriate.
👨👩👧 Trust Suitability
Most young couples don't need an inter vivos trust — we'll tell you honestly. But if you have business interests, significant separate wealth, or blended families, we assess whether a trust would serve your estate planning goals and discuss the setup and ongoing compliance costs.
💰 Executor Fees & Estate Liquidity
We calculate the estimated executor fees (3.5% + VAT of gross estate), estate duty, CGT, and administration costs your estate would face today. We identify potential liquidity shortfalls and discuss whether life cover or other provisions are needed to prevent forced asset sales.
You receive a written summary of our recommendations — a clear, practical roadmap of what to prioritise now and what to revisit as your circumstances evolve. Both wills are included and drafted to implement the agreed plan.
Honest advice, not product sales. We are attorneys, not insurance brokers or trust companies. We don't sell financial products, earn commissions, or benefit from nominating ourselves as executors. Our advice is independent and in your interest. If you need insurance or investment restructuring, we'll recommend you speak to your financial adviser — not try to sell you something.
Banks, trust companies, and will-drafting firms offer "free" wills. The service is genuinely free — but the business model is built on what happens when you die. Understanding the trade-off helps you make an informed choice.
| Feature | Free Will (bank/trust co.) | Our Service |
|---|---|---|
| Cost | Free | R1,950 (both wills) |
| Aligned with your specific ANC | ✗ No, they don't see your ANC | ✓ We drafted both documents |
| Accrual claim addressed | ⚠ Only if you raise it | ✓ Automatically included |
| Executor nominated | ⚠ They nominate themselves | ✓ You choose freely |
| Executor fee on death (R4M estate) | R161,000 (3.5% + VAT to their company) | Your choice — family member or professional |
| Insurance upsell | ⚠ Protection Plan (~R185/month) | ✓ No products, no commissions |
| Signed the same day as ANC | ✗ Separate appointment | ✓ Same visit, same witnesses |
| Consultation included | ⚠ Brief, standardised | ✓ Tailored to your ANC and circumstances |
| Attorney-drafted | ⚠ Often drafted by a lay consultant | ✓ Drafted by a practising attorney |
We're not against free wills. Having any will is better than having none. But if you're already investing in an antenuptial contract, it makes sense to have both documents prepared together by the same attorney who understands how they interact. That's the value we offer.
1 Add Wills to Your ANC Application
When you apply online for your antenuptial contract, select the "Marriage Ready Wills" or "Estate Planning Consultation" add-on. We'll include a short questionnaire about your assets, beneficiaries, and guardian preferences. If you've already applied for your ANC, contact us to add the wills — we can incorporate them up until the signing appointment.
2 We Draft Both Documents Together
Your ANC and your wills are drafted by the same attorney, at the same time, with the same information. The will reflects the ANC regime, addresses accrual (if applicable), includes your guardian and executor nominations, and contains the testamentary trust provisions. For Estate Planning Consultations, we schedule the consultation before drafting so the wills implement the agreed plan.
3 Sign Everything at One Appointment
Both partners attend our Pretoria office with valid identification. You sign the ANC before the Notary Public, and immediately afterwards sign your wills — witnessed by two competent witnesses (we provide them). One appointment, both documents executed, everything aligned. The entire process typically takes 30–45 minutes.
4 We Register, Store, and Deliver
Your ANC is registered at the Deeds Office as usual. Your original wills are stored in our secure vault at no ongoing charge. You receive certified copies and, for Estate Planning Consultation clients, the written summary of recommendations. We remind you annually to review your wills as your circumstances evolve.
The Estate Planning Consultation is a structured 45–60-minute session covering the following areas: Not every topic will be relevant to every couple — we focus on what matters for your specific circumstances.
The moment you sign your antenuptial contract is the single best opportunity to get your estate planning right — because you're already making the decisions that will shape it.
"The moment you sign your antenuptial contract is the single best opportunity to get your estate planning right — because you're already making the decisions that will shape it."
