Will Drafting Attorneys Johannesburg
Wills, Codicils and Updates
A will signed last Tuesday without two competent witnesses present is not a cautious document awaiting tidying: under the Wills Act 7 of 1953 it is no will at all, and the estate then passes under the Intestate Succession Act 81 of 1987, by fixed formula, to whoever the statute picks. Everything you meant to arrange, executor, guardian, the house, is gone. What remains is the default.
We draft, sign and update wills for clients across Johannesburg, from straightforward single wills to wills that create trusts for minor children, from our Sandton office.
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What Actually Makes a Will Valid
The Wills Act 7 of 1953 does not ask what you meant. It asks whether the document was signed at the end, by you, before two competent witnesses present at the same time, who then signed in your presence. Miss one formality and the Master of the High Court cannot accept the document as your will.
Every valid Johannesburg will clears the same hurdles:
- signature at the end of the document
- two competent witnesses, present together
- each witness signs in the testator’s presence
- no witness or the witness’s spouse benefits
- amendments by codicil, same formalities
- the original stored somewhere findable
Section 2(1)(a) of the Wills Act requires the testator to sign at the end of the will, or another person to sign at the testator’s direction and in the witnesses’ presence, with two or more competent witnesses present at the same time. Section 4A(2) then disqualifies any witness, and the witness’s spouse, from receiving a benefit under that will. The will itself stands; the gift to the witness falls away.
Two rules about marriage surprise most clients. A will is revoked automatically by marriage unless it was made in contemplation of that marriage. After divorce, an ex-spouse named as beneficiary is treated as having died before the testator where death occurs within three months of the decree. Weddings and divorce decrees are both signals to redo the will.
What a Will Drafting Attorney Does
Drafting: taking full instructions, structuring the estate, naming executors and guardians, building trusts for minor children into the will, and advising on what should pass outside it, such as policies with nominated beneficiaries.
Execution and after: supervising the signing so the formalities are beyond challenge, arranging safe custody of the original, and reviewing the will when marriage, divorce, children or property change the picture.
The Master accepts the will that was signed properly, not the one that was meant well.
The Will Drafting Process, Step by Step
From first instruction to signed original in safe custody.
Instructions and estate picture
Assets, liabilities, marriages in or out of community, children, prior wills and policies with nominated beneficiaries are mapped. The structure of the will follows this picture, not a template.
Structuring decisions
Executor and alternates, guardians for minor children, trusts to hold minors’ inheritances, and bequests are decided, with the tax and estate duty consequences weighed.
Drafting
The will is drafted to the instructions, read back clause by clause, and revised until it says exactly what is meant and nothing it does not.
Signing under the Act
Execution is supervised: you sign at the end of the will in the presence of two competent witnesses who are present together and who take nothing under the will.
Safe custody
The original is stored in safe custody, with copies marked as copies and the family told exactly where the original lives. A will no one can find invites a presumption of revocation.
Reviews at life events
Marriage, divorce, births, deaths, property acquisitions and business changes each warrant a review, by codicil for small amendments or a fresh will where the structure changes.
Dying With a Valid Will vs Without One
With a Valid Will
Your executor, your guardian for the children, your instructions on the house.
Trusts built into the will can hold minors’ inheritances outside the Guardian’s Fund, and the estate is distributed as you directed, provided the formalities were met and the original can be found.
Intestate, No Valid Will
The Intestate Succession Act 81 of 1987 draws the map by fixed formula.
A surviving spouse receives a child’s share or R250,000, whichever is the greater, and descendants share the balance; more distant family inherits only where closer branches do not exist. The Master appoints the executor rather than your family choosing.
| Issue | With a Valid Will | Intestate |
|---|---|---|
| Executor | Named by you | Appointed by the Master |
| Minor children’s shares | Trust in the will if drafted | Guardian’s Fund by default |
| Unmarried partners | Provided for if bequeathed | Nothing under the formula |
| Timing and cost | Clear instructions, fewer disputes | Searches, formula disputes, delays |
| Control | Yours, within the law | The statute’s, entirely |
Which Offices Serve Johannesburg Will and Estate Matters
Johannesburg wills and the estates they govern run through:
- Master of the High Court, Johannesburg – acceptance of wills lodged for safe custody, executor appointments, estate administration and the Guardian’s Fund for the Johannesburg district.
- High Court of South Africa, Gauteng Division, Johannesburg – will validity disputes, condonation of defective wills under section 2(3) and removal of executors, sitting on Pritchard Street.
- SARS – the estate duty and final tax positions the will plans around.
Otrebski Attorneys serves clients across Johannesburg from its 5th Street, Sandhurst office in Sandton.
How to Choose a Will Drafting Attorney in Johannesburg
The document is short; the consequences run for generations. Choose on evidence.
- Supervised execution.Ask who witnesses the will and how the formalities are checked. Signing is where valid wills are won and lost, not drafting.
- Estate fluency, not forms.A will sits inside estate duty, trusts and the Administration of Estates Act; a drafter who understands administration writes wills that survive it.
- Talks straight about intestacy.Ask what happens under the Intestate Succession Act if you do nothing. An attorney who explains the default earns the brief.
- Storage you can verify.Ask where the original will be held, in the firm’s safe custody or with the Master, and whether your family will know.
- Written fee before drafting.A simple will is a fixed, quotable piece of work. Ask what later updates and codicils will cost, in writing.
What Will Drafting Costs
As a market guide, a straightforward single will drafted by an attorney commonly runs R1,500–R5,000; mirror wills for a couple somewhat more; and wills creating trusts for minor children from roughly R5,000–R15,000 given the added structuring, against hourly rates of R1,500–R4,400.
Safe custody, codicils and later amendments are quoted separately, and should be. Otrebski Attorneys scopes each phase in writing before it begins. No hidden costs.
What Makes a Will Invalid
Formalities a Valid Will Cannot Miss
- No signature at the end – Section 2(1)(a) of the Wills Act requires the testator, or another person at the testator’s direction, to sign at the end of the will; miss it and the Master cannot accept the document.
- Fewer than two competent witnesses together – The witnesses must be present at the same time and each sign in the testator’s presence. A well meant document signed before one witness, or none, fails the Act outright.
- A beneficiary as witness – The will itself stands, but under section 4A(2) the witness and the witness’s spouse forfeit any benefit under it.
- Marriage after signing – A will is revoked automatically by marriage unless it was made in contemplation of that marriage, so couples who drafted years before the wedding may have no will at all.
- An original no one can find – A lost original may be presumed revoked; safe custody with the drafting firm or the Master, known to the family, is the fix.
Common Mistakes to Avoid
The mistakes that undo wills are made at the kitchen table, in minutes.
Frequently Asked Questions
What makes a will valid in South Africa?
Section 2(1)(a) of the Wills Act 7 of 1953: the testator signs at the end of the will, or another person signs at the testator’s direction, in the presence of two or more competent witnesses present at the same time, and the witnesses sign in the testator’s presence. Every element must be present.
Can someone who inherits witness my will?
The will stays valid, but the witnessing beneficiary, and the beneficiary’s spouse, forfeits any benefit under it under section 4A(2). A court can restore the gift only in narrow circumstances. Choose witnesses who take nothing.
Does marriage revoke my existing will?
Yes, unless the will was made in contemplation of that marriage. After divorce, a former spouse named as beneficiary is treated as having predeceased the testator where death occurs within three months of the decree. Either event is a prompt to redraft.
What is a codicil?
A short amendment to an existing will, executed with exactly the same formalities as a will itself: signature at the end before two competent witnesses present together. Codicils suit small changes; structural changes justify a fresh will.
What happens if I die without a will in Johannesburg?
The Intestate Succession Act 81 of 1987 applies by fixed formula: a surviving spouse receives a child’s share or R250,000, whichever is greater, with descendants sharing the balance, and unmarried partners receive nothing. The Master appoints the executor rather than your family choosing.
How much does a will cost to draft?
As a market guide, a simple single will by an attorney commonly runs R1,500 to R5,000, with wills containing trusts for minors costing more given the structuring involved. Complexity, not page count, drives the fee.
Where should the original will be kept?
In safe custody with the drafting attorney or lodged with the Master of the High Court, with the family told where. A lost original can be presumed revoked, and copies help only once the original cannot be found.
Can I draft my own will without a lawyer?
The law does not require a lawyer, only the formalities. But self-drafted wills fail on ambiguous wording, missing formalities and beneficiary witnesses, and the defect surfaces only when it cannot be fixed. Supervised execution is cheap; litigation over a failed will is not.
Signed wrong is the same as not signed.
Otrebski Attorneys practises from Office 9th Floor, The Spaces, 5th Street, Sandhurst, Sandton, and drafts wills for clients across Johannesburg, with transparent billing and no hidden costs.
Call 060 500 3098
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Image credits: Johannesburg CBD panorama – Evan Bench via Wikimedia Commons, CC BY 2.0; Eternal Flame, Constitution Hill – Mihi tr via Wikimedia Commons, CC BY 4.0; Mandela Bridge, Braamfontein – South African Tourism via Wikimedia Commons, CC BY 2.0.