Wills Month: 10 estate mistakes that could cost your family

• Divorce does not permanently remove an ex-spouse from your will, an unchanged will can potentially produce unintended consequences.
• Debt does not disappear when you die, and estate assets may need to be sold before beneficiaries receive their inheritance.
• Retirement benefits do not necessarily follow your will, while missing information can complicate tracing beneficiaries, property and other assets.

What South Africans don't know about wills, death and estates

‍Most South Africans know they should have a will. Far fewer understand what actually happens to their property, debt, retirement benefits and other assets when they die.

With National Wills Week running from 14 to 18 September 2026, estate planning is back in focus. But signing a will is only one part of protecting the wealth and assets accumulated during a lifetime.

From a little-known rule following divorce to debts that survive death and retirement benefits that may not be distributed according to a will, misunderstandings can leave families facing unexpected financial and administrative complications.

According to Elandri Brecher, attorney at Hammond Pole Attorneys, one of the biggest estate-planning problems is simply postponement.
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“We insure our cars, our houses and our phones against things that might happen, but a will plans for the one thing we know eventually will.”

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10 misconceptions South Africans should understand about wills

1. My ex-spouse automatically falls out of will after divorce
Not necessarily. Under section 2B of the Wills Act, if someone dies within three months of their divorce, a will made before the divorce is generally implemented as though the former spouse had died first, unless the will indicates that they should still benefit.

But after that three-month period, an unchanged will can potentially result in the former spouse inheriting according to its provisions. 

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“Divorce changes your life immediately, but it does not permanently rewrite your will for you,” says Brecher.

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• Key action: Review your will and beneficiary nominations immediately after divorce.

2. My debt disappears when I die
It doesn't. Creditors can lodge valid claims against a deceased estate, and debts generally need to be settled before the remaining assets are distributed. 
 
If there isn't sufficient cash available, assets may need to be sold to create liquidity. “A will cannot make your creditors disappear,” says Brecher.‍

Heirs do not automatically become personally liable for every debt. The position can depend on joint liabilities, suretyships and the applicable matrimonial property regime.

• Key action: Property owners should particularly understand outstanding mortgage debt, other liabilities and whether credit-life insurance exists.

3. My will controls my pension or retirement fund
Not necessarily. Retirement fund death benefits are generally dealt with under section 37C of the Pension Funds Act, rather than simply being distributed according to a will.

The fund must identify dependants and determine an equitable distribution. A beneficiary nomination remains important, but is not necessarily an absolute instruction.

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“Your will and your retirement fund beneficiary nomination are not the same document, and they do not necessarily do the same job,” says Brecher.

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• Key action: Review your will and retirement-fund nominations separately.

4. My family can only claim what's in my will
There may be benefits outside the deceased estate. Depending on individual circumstances, families should investigate:

• Pension and retirement benefits
• Employer death benefits
• Life insurance
• Policies with nominated beneficiaries
• UIF dependant's benefits
• Other financial interests outside the estate

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“Sometimes families are so focused on the deceased estate that nobody asks whether there is money sitting outside it that they may be entitled to claim,” says Brecher.

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5. I don't own enough to need a will 
You don't need to be wealthy. An estate could include:

• A home or investment property
• A vehicle
• Bank accounts
• Investments
• Business interests
• Personal possessions

For parents, a will also raises important questions about children and how an inheritance should be managed. “You don't need to be wealthy to need a will,” says Brecher. “You need people you care about.”

• Key action: Without a valid will, an estate may be distributed according to the rules of intestate succession, rather than according to informal family wishes, so ensure you get one.‍

‍6. I can simply leave everything to my minor children
Leaving assets to children requires planning. Parents should consider who will administer the inheritance, how assets will be managed and when children should gain control. The person who cares for a child is also not necessarily the person best suited to manage that child's inheritance.

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“A proper will allows you to think about both,” says Brecher.

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 This becomes particularly important where the estate includes property, investments or other substantial assets.

7. My family knows what I want
A conversation is not a substitute for a properly drafted will. Informal instructions can be forgotten, misunderstood or remembered differently, potentially creating disputes at an already difficult time.

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“Don't leave your family with the words, ‘But I thought Mom wanted…’,” says Brecher. “If something matters to you, deal with it properly in your will.”

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8. Once I've signed my will, I'm done
A legally valid will can still be completely outdated. Major events that should prompt a review include:

• Marriage or divorce
• Birth or adoption of children
• Death of a beneficiary
• Buying or selling property
• Significant changes in investments or debt
• Changes in business interests
• Changes to the executor or trustee you want appointed

Brecher recommends periodically asking one simple question: “If I died today, is this still what I want?”

9. If I have a will, my family will know what to do
Your family should at least know that your will exists and where it is stored. They should also be able to identify important policies, investments and financial relationships without necessarily knowing every confidential detail beforehand.

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“Your family should not have to become detectives while they are grieving,” says Brecher. This becomes especially important for investors with multiple properties, companies, trusts, insurance policies or investment accounts.

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10. A will is all I need
A will is fundamental, but administering an estate requires more than knowing what the deceased wanted. Executors and attorneys may need to locate beneficiaries, establish property ownership, identify assets and verify financial information.

People move, change surnames, acquire property, establish trusts and build financial relationships that may not be immediately visible. According to Chantelle Frier, National Sales Manager at SW360, outdated or incomplete information can complicate estate administration.

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“Having a will gives families a clear starting point, but the administration of an estate still depends on being able to establish the facts,” says Frier. Information concerning an individual's property, trusts, business interests and relationships can exist across different sources.

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“Trusted data is about more than having access to information; it is about having confidence in the information you are using to make decisions,” says Frier.

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For investors, the practical lesson is to maintain accurate and accessible records of important assets and financial relationships alongside an up-to-date will.

Wills Month: Don't keep putting it off

‍Estate planning should not begin and end with signing a document.

Property owners and investors need to consider what they own, what they owe, who should inherit, how dependants will be protected and whether their families can identify important assets and benefits.

And it isn't something that should wait until retirement. Younger South Africans can accumulate property, investments, businesses, children and significant debt long before they consider themselves old enough to worry about a will.

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“Most people don't consciously decide not to have a will,” says Brecher. “They simply keep deciding to do it later.”

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A properly drafted, regularly reviewed will, supported by accurate financial information and appropriate beneficiary planning can provide families with something particularly valuable after a death: certainty. As Brecher puts it: “A will gives you a voice in a room you will not be there to speak in.”

This Wills Month, the question for every property owner and investor is simple: If you died tomorrow, would your family know what you own, what you owe, what benefits exist and what happens next?

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