Last Will and Testament in South Africa | What you should know
30 September 2025 | Francoa Willemse
We have all heard how winding up a deceased estate can take months, or in some cases, even years. Have you ever stopped to ask why this happens?
Delays can be caused by heirs fighting amongst heirs, family disputes, South African Revenue Service (“SARS”) clearance certificates, unclear instructions, and challenges at the Master’s office.
These challenges are more common than you think—and they’re often avoidable with proper planning.
It all begins with a valid Last Will and Testament.
So, why do Attorneys and financial advisors insist that you have a valid Last Will and Testament (“Will”)?
Francoa Willemse, Attorney at F Willemse Attorneys, specialising in deceased estates, and Specialist Community Schemes Consultant at TVDM Consultants, unpacks the myth of delay, in this article.
The absence a Will is not necessarily what causes us concern. Rather, it is the practical challenges of everyday life, managing demanding clients, navigating busy schedules, and striving to make ends meet, that often take priority. It is easy to postpone the preparation of a will, convincing yourself that there will always be another day to address it. Unfortunately, death is inevitable and often unexpected.
A Will is not just a piece of paper, but your legacy that you leave behind. More importantly, when you have a valid Will, you as the testator can choose who will administer your estate and how you want to bequeath your assets.
You and your Executor/Executrix
Appointing an Executor/Executrix that you trust is essential for the proper administration of your estate. Having a Will does not only avoid most conflicts but provides the Executor/Executrix with clear instructions on how to deal with all your assets.
The Master must appoint the nominated Executor/Executrix in the Will, and the proceedings may commence once the Letter of Executorship has been issued. The Executor/Executrix may appoint, depending on his/her experience in estate administration, an agent to assist the family with the administration thereof.
So, what delays the administration then?
Aspects that might delay estate administration proceedings include:
unclear instructions,
disagreements between heirs,
SARS and the Master of the High Court’s turn-around times allowed for in-person follow-ups,
approval of the Liquidation and Distribution Account by the Master,
compulsory advertisement time periods that have to lapse,
dealing with creditors when a cash shortfall in the estate is present and having to force a sale of immovable property to cover the cash shortfall, if applicable.
These are merely some examples of the many aspects which may influence the time frame for completion.
Not leaving a valid Will behind means that your estate will be administered in terms of the Intestate Succession Act 81 of 1987. In essence it means that, depending on your marital status, and how it was legally structured, your assets will be bequeathed to your spouse/life partner or the nearest blood relative.
This often results in lengthy disputes like proving the marriage between parties, ascertaining true heirs of the estate and/or requiring additional original signatures from all family members to nominate and appoint an Executor/Executrix of the estate.
In this instance, most often than not, close friends, the surviving spouse or a family member is nominated by the other family members and appointed by the Master of the High Court as the Executor/Executrix of the estate. It goes without saying that the appointed Executor/Executrix now has a fiduciary duty to administer the estate and deal with all the debts in the estate within 6 months with little to no experience.
In some instances, the family members cannot decide on who to appoint which already delays the reporting of the deceased estate. If family members decide to nominate and appoint an independent Executor/Executrix to wind up the estate, the Master will insist that security be provided for his/her appointment. This leads to unnecessary and unforeseen costs in the administration process which, in practice, causes much delay.
In some instances, heirs of the estate hold the opinion that their mother or father did not have a Will because they had little to no assets and therefore no estate. This is not factually correct and leads to the estate never being reported and creates future problems should assets, after due investigation, be found in the name of the deceased.
If you were to pass intestate, your assets will be bequeathed equally between your rightful heirs. This often requires further expertise in having a redistribution agreement drawn up to distribute assets which cannot be bequeathed equally. For example, a car cannot practically be divided into separate portions for each beneficiary. To make matters worse, this agreement needs to be originally signed by all heirs of the estate and then submitted to the Master’s office. Practically delaying the administration by months if heirs do not have access to emails, printers or they reside overseas.
Conclusion | When should I make my Will?
You should have done so already. Far too often, people underestimate the preparation of a valid Will, assuming there will always be more time. This is particularly relevant in circumstances such as divorce proceedings, where the emotional strain of the process overshadows the critical importance of ensuring that your estate planning is up to date. The consequences of not acting promptly may expose your estate and loved ones to unnecessary uncertainty, conflict, and financial hardship.
If you do not already have a Last Will and Testament, be sure to reach out to Francoa, at info@fwillemseattorneys.co.za for expert guidance on helping you get your Last Will and Testament in order.
Should you require any more information regarding this topic, don’t hesitate to contact us today on 061 536 3138 or at info@tvdmconsultants.com
About the Author:
Francoa Willemse is a Community Schemes Consultant at TVDM Consultants.
Francoa, an admitted and practicing attorney, grew up in Klerksdorp, North-West Province and attended the North-West University where he obtained his LLB and LLM qualifications, with distinctions. During his studies, Francoa assisted the Faculty of Law as a supplementary instructor and examiner for the Law of Evidence for third year law students.
Following his studies, Francoa completed his articles of clerkship in civil litigation and Road Accident Fund matters, and established a deceased estates department, his area of speciality. Francoa plays an active role at the Master's office through the Pretoria Attorneys Association, and is also a member of the Golden Key International Honour Society.
Click here to learn more about him.
