Why You Need a Will (and What Happens If You Die Without One)

Dying Intestate (Without a Will)

If you die without a will, the Intestate Succession Act determines who gets your assets. This might not be who you want.

• Your partner might be left with nothing if you aren't married.
• Your children's inheritance goes into the government Guardian's Fund until they are 18, which is difficult to access.
• The state appoints an executor, which can cause massive delays.

Requirements for a Valid Will

You don't strictly need a lawyer to draft a will, but it must be signed correctly to be valid:

1. In Writing: It must be a physical document (video wills are not valid).
2. Signature: You must sign every page.
3. Witnesses: Two competent witnesses (over 14) must sign the last page in your presence. Important: Witnesses cannot be beneficiaries in the will!

Living Wills

A living will is different—it tells doctors not to keep you on life support if there is no hope of recovery. It is a separate document.