How to Update Your Will in South Africa

Most South Africans who have a will drafted it once — perhaps when they bought their first home or had their first child — and have never looked at it since. If that sounds familiar, your will may no longer reflect your life, your wishes, or the people you want to protect. Or, you never really thought about it and how it is arguably the single most important document for the financial safeguarding of your family.

The good news is that updating a will in South Africa is straightforward. The bad news is that failing to do so can lead to serious unintended consequences for your family.

Why Your Will Needs to Keep Up With Your Life

A will is a snapshot of your intentions at a particular moment in time. Life moves — assets grow and change hands, relationships evolve, people you named in your will may have died, tax thresholds and exemptions adjust, and the rest of the law itself changes. A will that no longer reflects reality can cause confusion, disputes, and delays when your estate is eventually wound up.

Here are the situations that should always trigger a will review:

Life Event	Why Your Will Needs Attention
Getting married	In South Africa, marriage does not automatically revoke a will. However, assets and beneficiaries may need updating. Your spouse should now be provided for. Your matrimonial property regime needs to accurately reconcile with your will.
Getting divorced	This is critical. A divorce does not automatically revoke bequests made to an ex-spouse in older versions of the Wills Act. Under the current Wills Act 7 of 1953 (as amended), provisions in favour of a divorced spouse are deemed to have lapsed after a certain period of time — but it is still cleaner to execute a new will.
Having children (or more children)	Minor children require guardianship provisions and, where significant assets are involved, consideration of a testamentary trust to protect their inheritance until they come of age.
Death of a named beneficiary	If a beneficiary predeceases you and you haven’t updated your will, their share may lapse or fall to residue — which may not be what you intended.
Death of a named executor	Your will needs a living executor who is able and willing to act.
Acquiring major assets	A new property, a business, an offshore investment, or an inheritance changes your estate significantly.
Disposing of major assets	Bequeathing something you no longer own creates complications.
Starting or dissolving a business	Business interests need specific provisions, particularly around continuity.
Changes in tax law	Estate duty, capital gains and related tax thresholds and structures change. An attorney can advise whether your current will remains tax-efficient.

Two Ways to Update a Will in South Africa

Option 1: A Codicil

A codicil is a formal amendment to an existing will. It is a separate document that modifies specific provisions without replacing the entire will. A codicil must be executed with the same formalities as a will:

• In writing.
• Signed by the testator at the end.
• Witnessed by two competent witnesses who are both present simultaneously and who are not beneficiaries under the will.

The codicil must clearly identify which provisions of the original will it is amending, adding, or removing.

When a codicil makes sense: – You want to make a small, specific change (e.g., adding a new beneficiary, changing an executor, bequeathing a recently acquired item) – The rest of your will remains accurate and relevant.

When a codicil is NOT the right approach: – You want to make multiple changes across different clauses – Your circumstances have changed significantly (marriage, divorce, major asset changes) – Your existing will is old and may not reflect current best practices.

Option 2: A New Will

For significant life changes — particularly marriage, divorce, or a major shift in your financial circumstances — executing an entirely new will is almost always the better option. A new will should expressly revoke all previous wills and codicils with a clause stating: “I hereby revoke all former wills and testamentary documents previously made by me.”

Once a new will is signed and witnessed correctly, it supersedes all earlier documents.

The Formal Requirements for a Valid Update

Whether you are making a codicil or drafting a new will entirely, the Wills Act requires:

1. In writing — handwritten or typed; the format does not matter.
2. Signed at the end — the testator must sign (or make a mark) at the end of the document.
3. Two competent witnesses — both must be present at the same time when the testator signs.
4. Witnesses sign in the testator’s presence — each witness must sign in the presence of the testator and of each other.
5. No witness may be a beneficiary — a witness who is also a beneficiary does not invalidate the will, but the bequest to that witness becomes void subject to Section 4A of the Wills Act.

These requirements apply equally to codicils. Failing any one of them can render the amendment (or the entire will) invalid.

What NOT to Do When Updating a Will

These common mistakes can invalidate a will or create costly legal disputes:

• Writing changes directly on the original document — handwritten annotations, crossing out, or writing between the lines of a signed will are not legally effective and can create confusion about authenticity.
• Using correction fluid (Tipp-Ex) or stickers — alterations made after signing are presumed not to have been made by the testator.
• Signing without witnesses, or with only one witness — both witnesses must be present simultaneously.
• Asking a beneficiary to witness — while the will remains valid, the bequest to that witness lapses.
• Storing your will at home without telling anyone — a will that cannot be found is as good as no will.

How Often Should You Review Your Will?

At a minimum, review your will:

• Every 3 to 5 years, even if nothing obvious has changed.
• Immediately after any of the life events listed above.
• When your attorney advises that changes in law affect your estate planning.

A will review does not always require a full redraft. Sometimes a quick consultation with your estate attorney confirms that your existing will remains appropriate. Either way, the peace of mind is worth it.

What Happens to Your Old Will?

Once a new will has been signed and witnessed, it revokes all previous wills and codicils (provided the revocation clause is included). You should:

1. Destroy the old will — shred or burn it to avoid any confusion about which document applies.
2. Retain the new original in a safe place — with your attorney, in a bank safe deposit box, or at home in a fireproof safe.
3. Tell your executor where it is — the best-drafted will in the world is useless if it cannot be found.

Frequently Asked Questions

Does getting married automatically revoke my will in South Africa?

Under the current Wills Act, marriage does not automatically revoke a will. However, you should update your will to ensure your spouse is provided for as you intend.

What happens to bequests to an ex-spouse after divorce?

Under the Wills Act as amended by the Law of Succession Amendment Act 43 of 1992, a bequest to a spouse lapses on divorce subject to certain timeframes unless the will expressly states that the bequest should stand in the event of divorce. It is still advisable to execute a new will after divorce rather than relying on this provision.

Can I update my will myself, or do I need an attorney?

The law does not require you to use an attorney to update a will. However, mistakes in execution — wrong witnesses, ambiguous wording, failure to revoke previous wills — can be costly to unravel later. For anything more than a minor codicil, professional assistance is recommended.

Can I email or WhatsApp my updated instructions to my attorney?

You can communicate your instructions that way, but the will itself must be a physical document signed in the presence of two witnesses. Electronic wills are not yet legally recognised in South Africa.

How long does it take to have a will updated?

A simple update — adding a beneficiary, changing an executor — can be done in a single appointment. More complex restructuring, such as adding a testamentary trust or reorganising asset distribution, may require additional consultation.

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Keep Your Will Current

Your will is one of the most important legal documents you will ever sign. Executor Law drafts and updates wills for clients across South Africa, ensuring that each document is legally valid, clearly worded, and properly structured to protect your family.

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