Last year, I attended a Consumer Financial Education (CFE) workshop, to observe the session as part of the Monitoring and Evaluation (M&E) services that my company provides on the programme. During the session, the facilitator mentioned that the previous week had been National Wills week in South Africa. Out of just over 30 people attending the session, no one knew about National Wills week, including myself. This is quite concerning, if people attending the workshop had not heard about National Wills week, it suggests that the initiative is either not widely advertised or its not reaching the people who would benefit from
it most.
For those like me who did not know about National Wills week, National Wills week in South Africa is an annual initiative run by the Department of Justice and Constitutional Development, in partnership with the Law Society of South Africa (LSSA), Legal Aid South Africa, and other legal organisations. During this week, qualified legal practitioners and attorneys volunteer to provide South Africans with free Will drafting services. The campaign aims to increase awareness about the importance of having a valid Will, help people understand basic estate planning, and make legal support more accessible to communities. National Wills week typically takes place in September each year, although the exact dates change from year to year. For example, in 2025, it was held from 15 to 19 September.
This is a great initiative given how important it is to have a Will. Growing up, it was common to hear stories about households where a parent or guardian had passed away without leaving a Will. What followed was families fighting over the house, arguments over assets, and sometimes children left homeless due to people taking the houses that would have belonged to them if the diseased had drafted a Will. These situations were probably not the result of people not caring. In many cases, they happened because there were limited information and little access to legal services. In other CFE sessions I have attended, participants were asked why they had not drafted Wills. Common responses included the belief that they did not have enough money or assets, and that Wills were only for wealthy people. Others shared concerns that children left behind might feel that one child was loved more than another if assets were distributed unequally. Some participants simply did not know where to go to draft a Will. These responses further show why Wills week is so important, it provides information, improves access to legal services, and offers reassurance to people who might otherwise avoid planning for the future.
Who should have a Will?
According to the Department of Justice and Constitutional Development (2026), any person of 16 years and over can draft a Will in order to determine how his/her estate should be handled upon his/her death. In short, any adult should have a Will, regardless of income or the size of their estate. A Will is not only for the wealthy, it is for anyone who wants to protect their dependants, ensure their wishes are respected, and reduce uncertainty for those left behind. Even with limited assets, a Will provides clarity, allows guardians to be appointed for minor children, helps prevent family disputes, and makes the administration of an estate more manageable and dignified.
What happens if you die without a Will?
In South Africa, if you die without a Will, you are said to have died intestate, and your estate is distributed according to the Intestate Succession Act 81 of 1987 rather than your personal wishes. This means your assets Will be divided among surviving relatives, such as a spouse, children, parents or other blood relatives, according to a legal formula set in law, and not necessarily in the way you would have chosen. The process can take time, and without a valid Will you cannot nominate guardians for minor children or specify how your estate should be managed, which can lead to delays, unintended inheritance outcomes, and potential disputes among heirs.
Where can one go to get information about Wills and to draft one?
For those who may not know where to start, there are several options in South Africa to get information about Wills and to draft one, depending on individual needs and financial circumstances.
Free or low-cost options include Legal Aid South Africa, which offers basic advice and, in some cases, assistance with drafting a Will, as well as university law clinics at institutions such as Wits, the University of Pretoria, and UCT. In addition, Stash with Liberty offers a free option for drafting a Will as part of a wider financial planning solution for people on the Stash app. The Master of the High Court also provides useful information on Wills, estates, and the legal requirements for a valid Will, although they do not draft Wills.
Professional and supported services include attorneys and law firms, which are often the safest option for people with more complex situations such as minor children, property, businesses, or blended families. Banks like Standard Bank, FNB, Nedbank, and ABSA also offer Will-drafting services, sometimes free for clients. Fiduciary and trust companies can assist with broader estate planning, including executor services.
There are also online Will services, which can be convenient, but it is important to remember that according to the Wills Act 7 of 1953, a Will is only valid in South Africa if it is in writing, signed by the person making the Will, and signed by two competent witnesses who are not beneficiaries and who are present at the same time. Finally, you may also consider taking advantage of National Wills Week each year, when qualified legal practitioners offer free Will-drafting services, making it an ideal opportunity to put a valid Will in place at no cost.
SOURCES:
1 Department of Justice and Constitutional Development & Law Society of South Africa, National Wills
week official information, (Accessed: https://www.justice.gov.za/master/wills-week.html)
2 Zenande Mpame.16 September 2025. National Wills Week raises awareness about importance of
wills. OFM. (Accessed:https://www.ofm.co.za/article/sa/338736/national-wills-week-raises-awareness-
about-importance-of-wills)
3 Department of Justice and Constitutional Development (2016) The Master of the High Court,
(Accessed: https://www.justice.gov.za/master/wills-week.html)