Let’s Break the Silence Around Estate Planning

From 15-19 September, South Africa observed National Wills Week, a campaign that once again highlighted the importance of having a valid will. The initiative, driven by the Law Society of South Africa, gave citizens the opportunity to draft basic wills for free at participating law firms and organisations.

But what exactly is a will? Simply put, a will is a legal document that outlines how a person’s money, property, and belongings should be distributed after their death. It can also specify who will take care of minor children, manage debts, or carry out final wishes. Without a will, the state makes these decisions, often causing delays and disputes among family members.

For many families, the absence of a will had in the past led to painful disputes, long court delays, and uncertainty about who should inherit what. This year’s campaign shone a spotlight on why a will mattered, particularly within the black community, where the subject was often seen as taboo. Talking about a will was sometimes viewed as inviting death, and younger people believed it was something only the elderly needed to worry about.

Yet the message from Wills Week was clear: every working adult, regardless of age, benefited from having a will. As soon as one started earning an income, acquiring assets, or supporting dependents, a will became necessary. It was not only about dividing property but also about protecting children, ensuring the right guardianship, and avoiding family conflict.

Lawyers and community leaders who took part in the week’s events explained that updating a will was just as important as writing the first one. Life changes such as marriage, divorce, the birth of a child, or the purchase of property all required adjustments to make sure the document remained valid and relevant.

National Wills Week also worked to shift attitudes among young professionals. Many were reminded that a will was not just about wealth, but about responsibility and planning for the future. Without a will, the state decided how assets would be shared, often leaving families in difficult and avoidable situations.

By the close of the week, hundreds of South Africans had taken up the chance to draft their wills. More importantly, conversations had been started in homes and workplaces, breaking the silence around a subject long clouded by cultural hesitation.

National Wills Week served as a reminder that planning for tomorrow did not bring death closer, but instead brought peace of mind and dignity for those left behind.

Take action: Write your will today

You don’t need to wait for National Wills Week to secure your family’s future. Drafting a will is simple, affordable, and can be updated whenever life changes. Visit your local law firm, community legal clinic or LegalWise to get guidance. Also note that some banks offer will writing services.

Having a valid will is not about fearing death, but about protecting your loved ones and giving them peace of mind. The best time to write your will is now.

5 Simple steps to writing your will

1.     List what you own: Write down your property, bank accounts, cars, policies, and personal items.

2.     Decide who gets what: Be clear about who will inherit. This avoids confusion or family disputes later.

3.     Choose a guardian: If you have children, name someone you trust to care for them.

4.     Pick an executor: This is the person who will carry out your wishes. It can be a family member, friend, or lawyer.

5.     Sign and keep it safe: Sign your will in front of two witnesses (not beneficiaries). Store it safely at home, with your lawyer, or at the Master of the High Court.

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Tip: Update your will after big life events such as marriage, divorce, or buying property.