Areas of Practice
Wills & Estate Planning Attorneys Cape Town
Protecting your legacy and providing for your loved ones with expertly drafted wills and comprehensive estate planning in the Western Cape.
A valid, up-to-date will is one of the most important legal documents you will ever sign. Without a will, your estate will be distributed according to the Intestate Succession Act — which may not reflect your wishes and can cause significant hardship for your family. At VDH Attorneys we draft wills and provide comprehensive estate planning advice to individuals and families across the Western Cape.
What We Handle
- Drafting and reviewing wills
- Testamentary trusts
- Living wills (advance directives)
- Nomination of guardians for minor children
- Estate duty planning
- Beneficiary nominations (life insurance, retirement funds)
- Updating existing wills
- Challenging the validity of a will
- Ante-nuptial contracts
- Business succession planning
The Wills Act 7 of 1953 sets out the formal requirements for a valid will in South Africa. A will must be in writing, signed by the testator at the end of the document in the presence of two competent witnesses, and signed by those witnesses in the presence of the testator and each other. Failure to comply with these requirements can result in the will being declared invalid.
Estate planning goes beyond simply drafting a will. It involves a holistic review of your assets, liabilities and family circumstances to ensure that your estate is structured in a way that minimises estate duty, provides for your dependants and achieves your wishes. We advise clients on the use of trusts, life insurance, retirement fund nominations and other estate planning tools.
We also assist clients who wish to challenge the validity of a will — for example, where the testator lacked testamentary capacity, was unduly influenced, or where the will does not comply with the formal requirements of the Wills Act. These matters are dealt with in the High Court and require careful preparation and expert legal advice.
Frequently Asked Questions
What happens if I die without a will in South Africa?
If you die without a valid will (intestate), your estate will be distributed according to the Intestate Succession Act 81 of 1987. This means your assets will be divided among your surviving spouse and children in fixed proportions, regardless of your wishes. If you have no surviving spouse or children, the estate passes to your parents, siblings and other relatives in a prescribed order.
How often should I update my will?
You should review your will whenever there is a significant change in your circumstances — such as marriage, divorce, the birth of a child, the death of a beneficiary or executor, or a significant change in your assets. As a general rule, we recommend reviewing your will every 3–5 years.
Can I leave my estate to anyone I choose?
Generally yes, but there are some limitations. The Maintenance Act requires that you provide for your dependants (spouse and minor children) in your will. If you fail to do so, a dependant can apply to court for a maintenance order against your estate.
What is a testamentary trust?
A testamentary trust is a trust created in your will that comes into effect on your death. It is commonly used to provide for minor children or other dependants who are not yet able to manage their own financial affairs. The trust holds the assets until the beneficiaries reach a specified age or milestone.