When it comes to securing your legacy, working with a will attorney is one of the smartest decisions you can make. In South Africa, many people still believe that a simple, handwritten will or an online template will suffice. But without proper legal guidance, even well-meaning plans can unravel, leaving loved ones facing uncertainty, delays, or disputes. This article explains how a will attorney ensures that what matters most to you is properly protected and legally upheld.
What is a will attorney and what do they do?
A will attorney is a qualified legal professional who specialises in drafting, reviewing, and advising on wills and estate plans. In South Africa, wills must meet specific legal requirements to be valid. A will attorney ensures that your document complies with the Wills Act, reflects your wishes clearly, and provides practical solutions for complex family or financial arrangements. Their role extends beyond writing your will—they help you structure your estate, plan for taxes, and avoid potential legal challenges after your passing.
Why is it risky to draft a will without legal help?
While DIY wills might seem convenient, they carry significant risks. A will that’s vague, incorrectly signed, or improperly witnessed can be declared invalid. This means your estate may be distributed according to intestate succession laws—ignoring your intentions altogether. A will attorney helps prevent these errors by using precise legal language, guiding the execution process, and ensuring that every clause holds up in court. At Andrew Scott Attorneys, we’ve seen firsthand how a poorly drafted will can lead to unnecessary family conflict and financial loss.
How does a will attorney help with estate planning?
A will is just one piece of the broader estate planning puzzle. A will attorney helps you identify all your assets, account for debts, and decide how best to distribute your estate. They can also recommend legal tools such as trusts, life policies, or inter vivos donations to maximise value and reduce taxes. Proper estate planning ensures your beneficiaries receive their inheritance efficiently and in accordance with your wishes. It’s especially important for blended families, business owners, or anyone with unique financial or personal circumstances.
What are the legal requirements for a valid will in South Africa?
South African law sets out specific criteria that must be met for a will to be valid:
- The will must be in writing (typed or handwritten)
- It must be signed by the testator (you) on each page
- It must be signed in the presence of two competent witnesses
- The witnesses must also sign in your presence and each other’s
- The witnesses cannot be beneficiaries or spouses of beneficiaries
A will attorney ensures every one of these formalities is followed precisely. If these conditions aren’t met, the will could be challenged or rejected by the Master of the High Court. You can explore these legal basics further in this Wikipedia article on wills.
How does a will attorney address family dynamics?
Families are often complicated, and a will attorney helps navigate sensitive situations. Whether you’re excluding someone from your will, dividing assets unevenly, or making special provision for a vulnerable child or elderly parent, these choices require careful wording to prevent confusion or legal disputes. A will attorney will help you express your intentions clearly while reducing the risk of challenges by disappointed beneficiaries. For advice on how this ties into family law matters, you can also consult our family law section.
Can a will attorney help with guardianship decisions?
Yes. If you have minor children, your will should include a clause nominating a guardian to care for them if both parents pass away. This is one of the most important decisions you can make. A will attorney helps you draft this nomination in a way that is clear, lawful, and aligned with the Children’s Act. While the court has the final say, your nomination carries significant weight—especially when properly documented by a professional.
What happens if I don’t have a will?
If you die without a valid will in South Africa, your estate will be distributed according to the Intestate Succession Act. This means your assets are divided among surviving relatives in a fixed order, regardless of your personal wishes. Unmarried partners, stepchildren, and close friends are excluded by default. Without a will, delays in estate administration are common, and disputes between family members are more likely. A will attorney helps you avoid this scenario by creating a document that clearly outlines your intentions and protects everyone involved.
How often should I update my will?
Life changes—and your will should too. Major life events such as marriage, divorce, the birth of a child, or acquiring significant assets are all reasons to review and possibly revise your will. A will attorney can assess whether your current will still reflects your wishes and make amendments as needed. If you’ve recently bought or sold property, you may also want to consult with our conveyancing team to ensure your estate plan accounts for any real estate transactions.
What makes a good will attorney?
A good will attorney should be knowledgeable, detail-oriented, and sensitive to your personal needs. They should be able to explain legal concepts in plain language and provide practical solutions that suit your family structure and financial situation. Look for someone with a solid track record in estate law and a client-focused approach. At Andrew Scott Attorneys, we pride ourselves on delivering clear, compassionate legal support you can trust.
Where can I get help drafting or updating my will?
Whether you need to draft your first will, update an old one, or plan your estate in more detail, we’re here to help. Andrew Scott Attorneys offers professional will drafting and estate planning services across Durban and the wider eThekwini region. Our legal team is committed to helping you protect what matters most—your loved ones, your assets, and your peace of mind.
