Your final will is a will, is a will – or can it actually be more?

A will is the document that sets out what should happen to your estate after you die. Yet new terms such as “digital will” and “living will” can muddy the waters.

In South Africa, the Wills Act 7 of 1953 governs the formal requirements for a valid testamentary will. The Department of Justice says anyone aged 16 or older can make one, provided they meet the legal requirements.

The distinction matters. Your legal will deals with your estate. Other documents can record wishes or information, but they do not replace it.

WHAT MUST YOUR WILL ACTUALLY DO?

A will allows you to decide who should inherit your assets. You can also nominate an executor and make provision for the care of minor children.

The Department of Justice states that a will must be in writing. It must be signed by the testator and witnessed by two competent witnesses. The Department’s guide to wills explains these requirements in detail.

Dying without a valid will means intestate succession applies. The law then determines how the estate is distributed, rather than the deceased’s personal wishes.

The scale of the problem is significant. Deputy Justice Minister Andries Nel said in September 2025 that estimates indicated 70% to 80% of South Africans die without a valid will. 

WHAT OTHER KINDS OF “WILLS” CAN YOU HAVE?

An offshore will can help deal with assets held in another country. However, specialist advice is important because different legal systems and tax rules may apply.

A digital “will” is different. It should not be an electronic substitute for your legal will. Instead, keep a separate record of digital assets, online accounts and instructions for your executor. 

Do not store passwords or PINs in an unsecured document.

A business “will” is also better understood as a succession plan. Your business interests still belong in your legal will. The separate plan can explain what should happen operationally after your death.

An ethical will has no role in distributing your estate. It can preserve family history, values, memories and messages for life partners or future generations.

A living will, or advance medical directive, deals with another matter entirely. It records your healthcare wishes if you later cannot communicate them yourself.

The South African Medical Association (SAMA) has published guidance on living wills and advance directives, recognising their role in communicating a person’s treatment wishes.

YOUR ACTUAL WILL SHOULD BE SUPPORTED BY THE OTHERS

The bottom line is straightforward. Have a properly executed will first. Then use separate documents for digital information, business succession and personal wishes.

South Africa’s next National Wills Week runs from 14 – 18 September 2026, with participating legal practitioners expected to provide free will-drafting assistance. (Department of Justice)

Your will determines what happens to your estate. The other “wills” can help explain what you wanted beyond it.