While many South Africans recognize the need for a will, few comprehend the fate of their assets, obligations, and retirement funds upon death. As National Wills Week takes place from September 14 to 18, 2026, the spotlight shifts back to estate planning. However, merely creating a will constitutes just one aspect of shielding the riches and belongings built up over the years.
10 common estate misconceptions
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, an attorney at Hammond Pole Attorneys, one of the biggest estate-planning problems is simply postponement.
“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,” Brecher said.
Divorce does not permanently remove an ex-spouse from your will. An unchanged will can potentially produce unintended consequences.
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. However, unless the will indicates that they should still benefit, an unchanged will after that three-month period can potentially result in the former spouse inheriting according to its provisions.
“Divorce changes your life immediately, but it does not permanently rewrite your will for you,” Brecher said.
Debt does not disappear when you die. 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 creditors disappear, Brecher said. Heirs do not automatically become personally liable for every debt. The position can depend on joint liabilities, suretyships and the applicable matrimonial property regime.
Missing information and the role of data
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 According to Elandri Brecher, attorney at Hammond Pole Attorneys, outdated or incomplete information can complicate estate administration.
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Planning starts long before retirement
Estate planning should not be a task reserved for older age. Younger South Africans often accumulate property, investments and businesses before they consider themselves ready to draft a will. They may also have significant debt and children, both of which require specific legal provisions.
A properly drafted will, supported by accurate financial data and thoughtful beneficiary nominations, provides families with a vital resource. That resource is certainty. It ensures that a voice continues to speak after a person is no longer able to speak for themselves.
This Wills Month, the question for every property owner is simple: if they died tomorrow, could their family identify their assets, debts and benefits without difficulty?
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.
“Your will and your retirement fund beneficiary nomination are not the same document, and they do not necessarily do the same job,” says Brecher. Key action: Review your will and retirement-fund nominations separately.
“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.
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?”
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.
“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.
