Protecting Your Loved Ones with a Valid Will

Protecting Your Loved Ones with a Valid Will
A valid will protects your loved ones from legal delays, financial strain and uncertainty.

Make sure your wishes are legally secure in 2026.

Michael Visser
Michael Visser - Head of Services
24 February 2026 | 4 minute read
YOU NEED A VALID WILL
KNOW YOUR RIGHTS
Wills Estates Deep Etch Feb 2026

Love That Lasts Beyond February ❤️ 

 

February reminds us to celebrate love but flowers fade and chocolates disappear.
A valid, updated Will is one of the most enduring acts of love you can give your family.

Yet more than half of South Africans still believe they don’t need a Will, and many pass away without one. The result? Families left navigating grief alongside financial stress, legal delays and conflict.

💭Ask yourself:
Do you have a valid, up to date Will that reflects your wishes today?

If the answer is no — now is the time to act.

 

⚠️ What Happens If You Die Without a Will?

If you pass away without a Will, your estate is administered according to the Intestate Succession Act (Act 81 of 1987) not your personal wishes.

Even with recent administrative improvements at the Master of the High Court, intestate estate remains complex and slow.

Key risks include:

  • Lengthy administration delays while an executor is appointed
  • 🧾Assets distributed by law, not by your personal wishes
  • ⚖️Estate disputes and family conflict
  • 💸Financial hardship for dependents awaiting access to funds
  • 🏠Property complications, especially where multiple heirs inherit a single home

In many cases, intestate estates still take two years or longer to finalise.

 

Why an Updated Will Matters More Than Ever

A Will is not just a legal document, it’s peace of mind.

An updated Will ensures:

  • ✔️ Your assets go exactly where you intend
  • 👨👩👧 Your loved ones are financially protected
  • 👶Guardianship of minor children is clearly appointed
  • 🕊️ Family disputes are minimised during emotional times
  • 💻Digital assets (crypto, online accounts, digital businesses) are properly managed
  • ⚰️ Funeral and burial wishes are respected

 

💔 The Emotional & Financial Cost of Intestacy

Grief is heavy enough without legal confusion.

Without a Will, families often face:

  • 😔 Stress and uncertainty navigating complex legal processes
  • 💰 Higher legal and administrative costs
  • 🧑⚖️ Disputes over executor appointments and asset distribution
  • 🚨 Immediate cash-flow crises for dependents

A valid Will removes unnecessary pain at an already difficult time.

 

📝 Updated Requirements for a Valid Will 

South African Wills are governed by the Wills Act (Act 7 of 1953) and compliance is critical.

To be valid, a Will must:

  • ✍️ Be in writing
  • 🖊️ Be signed at the very end by the testator
  • 👀 Be witnessed by two competent witnesses, present at the same time
  • 🚫 Witnesses (or their spouses) may not benefit from the Will
  • 📄 Be signed on every page (best practice)

⚠️2025 Update:
The Master’s Office is increasingly strict. Errors in signatures or witnesses can result in rejection and lengthy delays.

 

🧠 What to Consider When Drafting Your Will

A modern Will should cover:

📋 A full list of physical, financial and digital assets

👨👩👧 Named beneficiaries and alternatives

👶 Guardianship for minor children

🏦 Trust arrangements for minors’ inheritances

🧑💼 A reliable executor (professional support is often best)

🔐 Safe storage of the original signed Will

 

Common Will Myths — Debunked

“I’m too young.”
➡️ Life is unpredictable. A Will matters at any age.

“I don’t have enough assets.”
➡️ A Will is about protection, not wealth.

“My spouse gets everything.”
➡️ Without a Will, the law decides and the outcome may surprise you.

 

🤝 How Legal & Tax Can Help

At Legal & Tax, estate planning is an act of care.

We offer:

✔️ Expert Will drafting aligned with latest legal requirements

✔️ Estate planning for families, blended households and digital assets

✔️ Will updates after life changes (marriage, divorce, children, assets)

✔️ Executor and estate administration services

🩵 With Legal & Tax, you’re not alone.

 

💝 Your Ultimate Gift of Love

A valid Will is the gift your family Will be grateful for when it matters most.

This Valentine’s Month, make love last longer than February.
Protect your family. Secure your wishes. Update your Will.

 

With Legal&Tax you’re not alone

Protect the people you love with a legally valid Will.

💬 WhatsApp: +27 (71) 526 8527  (type “Hi” to start chatting) 
☎️ Call: 0860 587 587
✉️ Email: info@legalandtax.co.za

Get In Touch

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