Do You Need a Lawyer to Draft a Will?
With so many free templates and online will generators available, it is a fair question: do you actually need a lawyer to draft a will? The honest answer depends on how much is at stake for your family, and what happens if something in the document is wrong. Here is what to weigh up before deciding.
What a DIY Template Can and Cannot Do
Templates work reasonably well for the simplest of situations: a single person with a small, uncomplicated estate and no dependants. Where things get more complicated, blended families, minor children, business interests, or property owned with someone else, templates struggle to account for the nuances that make a will valid and enforceable.
A generic clause that looks fine on paper can fail entirely once tested against South African law.
The Validity Risk
A will is only worth what it is worth if it is validly executed. South African law has strict requirements for signing and witnessing a will, and templates do not always explain these clearly enough to prevent mistakes.
An improperly signed or witnessed will can be challenged or declared invalid after death, at which point it is too late to fix.
This is one of mistakes people commonly make when drafting a will themselves(opens in new tab), and it is entirely avoidable with the right guidance.
Disputes Are More Likely Without Legal Drafting
Vague or contradictory wording is one of the most common causes of family disputes after someone dies.
Phrases that seem clear to the person writing the will can be read in more than one way by beneficiaries, especially where there is no attorney involved to flag the ambiguity before it becomes a problem. A properly drafted will also anticipates situations the average person would not think to plan for, such as what happens if a beneficiary predeceases the testator.
Minor Children Raise the Stakes
If you have minor children, a DIY will becomes considerably riskier.
Guardianship nominations, and how an inheritance is managed on a child’s behalf, need to be worded correctly to be recognised, and mistakes here can leave a child’s inheritance managed by the state’s Guardian’s Fund rather than in the way you intended. This is exactly the kind of provision where a template cannot substitute for legal advice.
What Happens if It Goes Wrong
If a DIY will is found to be invalid, the consequences mirror what happens when there is no valid will(opens in new tab): your estate is distributed according to the Intestate Succession Act rather than your actual wishes, and the legal steps an executor must follow(opens in new tab) to have someone appointed becomes more complicated, since there is no valid document confirming who you nominated.
Weighing Up the Cost
Cost is often the reason people consider a template in the first place. It is worth reading our breakdown of How Much Does a Will Cost in South Africa(opens in new tab) alongside what you would otherwise spend on professional fees for winding up an estate(opens in new tab) if a dispute or invalid clause has to be sorted out later.
A properly drafted will is usually far cheaper than the alternative.
Speak to an Attorney Before You Decide
If you are unsure whether your situation is simple enough for a template, the safest approach is to ask. Our wills and estate planning services(opens in new tab) team can review your circumstances and let you know exactly what needs a lawyer’s involvement and what does not.