September is FREE Wills Month
“My will is in order. It’s simple, straightforward and I definitely don’t need to review it.” If I had a rand for every time I’ve heard that sentence while sitting in a client’s living room with a cup of coffee, I’d retire early. People honestly believe their wills stay perfect forever, but as an Executor of Estates, I deal with the consequences of wills that could have prevented a lot of issues.
Circumstances Change
A few weeks ago, I sat with Johan at his dining room table. Hard‑working man, humble, doesn’t make a fuss. He brought out his will, proud that he and his wife had done it twenty‑five years ago. But as we paged through it, we realised his executor had died years ago. His youngest daughter wasn’t even born when he drafted the will. His house had been sold. His policies had changed. Not one of his grandchildren was mentioned. He looked at me and said, “Gawie, I honestly didn’t think it mattered.” But it mattered.
A Joint Will Can Become Problematic
I’ve spoken about Isabel who was under the impression that her joint will with her late husband was good to go, when she passed away. We have discussed the many reasons why there would be immense problems, which inter alia includes that the Master of the High Court needs an original will to work from, and with her husbands’ already at the Master, chances are you will never see that original copy again.
Your Will in Afrikaans
I also remember sitting with Marietjie at her kitchen counter. Her son insisted she “just check” her will. She hadn’t looked at it in fifteen years. When we opened it, we saw it was written in Afrikaans. Nothing wrong with Afrikaans, it’s my home language too, but the Master’s Office is struggling more and more with Afrikaans wills. They get delayed. They get misunderstood. Sometimes they get stuck for months. She had no idea. She thought her will was perfect. It wasn’t.
And then there was Sam. His will left everything to his wife. Simple. But his wife had passed away five years earlier, and he never updated the will. When he died, the will was basically useless. His children had to go through a long, frustrating process to sort out his estate. All of it could have been avoided with a ten‑minute review.
These aren’t dramatic stories. They’re everyday stories. Ordinary people. People just like you. People who thought their wills were fine because “nothing big has changed.” But small things change all the time. You buy a car. You sell a house. You have a grandchild. You lose someone. You move money around. You take out a policy. You cancel a policy. You get divorced. You remarry. You retire. You get retrenched. You inherit something. You change your mind. And while all of this is happening, your will stays exactly the same — unless you update it.
Tax Laws Change
There’s another part people forget: tax laws change too. Estate duty thresholds shift. Capital gains tax rules get updated. Trust tax rules tighten. Retirement fund legislation changes. Donations tax and spousal exemptions move around. Even property transfer costs and SARS compliance requirements increase. A will drafted under old tax rules can accidentally create unnecessary estate duty, higher CGT, delays in transferring property, or extra costs for your heirs. A modern will makes sure your estate is handled according to today’s laws, not the laws from twenty years ago.
Review Your Will Once a Year
That’s why I tell every client, whether I’m in their living room or my office: review your will once a year. Not because you need to rewrite it every year, but because you need to make sure it still matches your life. It’s ten minutes of your time. Ten minutes that can save your family months of stress and thousands of rands in unnecessary costs.
Your will is the last instruction your family will ever receive from you. Make sure it’s clear. Make sure it’s current. Make sure it’s right.
September is Wills Month. At G&S, we’ll review your will free of charge. Bring it in. Let’s sit down together over a cup of coffee and make sure your family is protected, not surprised.