Most people feel a quiet sense of accomplishment when they finally get around to writing a will. It’s one of those tasks that sits on the to-do list for years, and completing it brings genuine peace of mind.
But here’s the uncomfortable truth: a will that was right when you signed it may not be right today. Life changes — and if your will doesn’t change with it, the consequences for your family can be significant, stressful, and expensive.
When did you last read your will?
If the answer is “when I signed it,” you’re not alone. Most people write a will and file it away, assuming the job is done. But a will is not a set-and-forget document. It’s a living instrument that should reflect your current circumstances, wishes, and assets.
As a general rule, you should review your will every three to five years — and immediately after any major life event.
“A will isn’t a document you write once. It’s a plan that should evolve as your life does — and the cost of not updating it can fall on the people you love most.”
What changes should trigger a review?
Marriage or divorce
In South Africa, marriage can affect the validity of a previously drafted will depending on the matrimonial regime. Divorce, similarly, has specific legal implications for bequests to a former spouse. If your marital status has changed since your will was drafted, a review is essential — not optional.
Children or grandchildren
The birth of a child or grandchild is one of the most common reasons people review their estate plans. You may want to add beneficiaries, establish a testamentary trust for minor children, or adjust how your assets are distributed.
Change in assets
If you’ve bought or sold property, started a business, received an inheritance, or significantly changed your investment portfolio, your will may no longer accurately reflect your estate. Assets not covered by your will may be distributed according to the Intestate Succession Act — which may not align with your wishes.
Death of a beneficiary or executor
If someone named in your will — whether as a beneficiary, executor, guardian, or trustee — has passed away or is no longer appropriate for the role, you need to update the document.
Relocation
If you’ve moved to a different country or province, different laws may apply to your estate. Cross-border estates in particular can be complex, and a will drafted under one jurisdiction may not be fully effective in another.
Common problems with outdated wills
The wrong executor
Your executor is the person (or institution) responsible for administering your estate after your death. If you named a friend or family member 15 years ago, consider whether they’re still the right choice. Are they willing? Capable? Do they understand the complexity of your estate?
Many people over 50 benefit from appointing a professional executor — or at least naming one as a backup. Estate administration involves legal, tax, and financial responsibilities that can overwhelm even well-meaning family members.
Unintended tax consequences
Estate duty, capital gains tax on death, and the treatment of retirement funds all interact in ways that can significantly affect what your heirs actually receive. A well-structured estate plan minimises the tax burden. An outdated one may not.
For example, if your estate has grown substantially since your will was written, it may now exceed the estate duty exemption threshold (currently R3.5 million, or R7 million with the rollover from a predeceased spouse). Without planning, your heirs could face a tax bill they weren’t expecting.
Provision for dependants
South African law imposes a duty of support on certain family members. If your will doesn’t adequately provide for dependants — a surviving spouse, minor children, or anyone financially dependent on you — it could be challenged.
Outdated trusts
If your will creates a testamentary trust (e.g. for minor children), review the terms. Are the trustees still appropriate? Are the conditions still relevant? Does the trust align with your current tax planning?
What a proper review looks like
A will review isn’t just about reading the document. It should include:
- A full asset inventory — property, investments, retirement funds, life insurance, business interests, digital assets
- A review of beneficiary nominations — especially on retirement funds and life policies, which pass outside of your will
- A discussion of your wishes — who should inherit what, who should manage the process, and how you want minor children cared for
- A tax and liquidity assessment — will your estate have enough cash to settle its debts and distribute assets without forcing the sale of property or investments?
- Alignment with your broader financial plan — your will should work alongside your investment strategy, insurance cover, and retirement planning
Don’t leave it to chance
Estate planning is one of those areas where procrastination can have real consequences — not for you, but for the people you care about most. A few hours of your time now can save your family months of stress, legal fees, and unintended outcomes later.
If it’s been more than three years since you last reviewed your will — or if any of the triggers above apply to you — now is the time. We can help you review your current plan and make sure it still does what you need it to.
