Wills and Estates: What Every Family Should Have in Place

Many South Africans delay or avoid the topic of wills and estates because it feels overwhelming, uncomfortable, or unnecessary. But the reality is simple: if you don’t have a valid will, the law decides what happens to your estate, not you. At Louw & Heyl Attorneys, we believe every family deserves peace of mind, security, and clarity about the future. Whether you’re just starting out, raising a family, or approaching retirement, here’s what every family should have in place to protect their loved ones.

1. A Valid and Up-to-Date Will

A will is a legally binding document that outlines how your assets should be distributed after your death. Without it, your estate will be divided according to the Intestate Succession Act, which may not reflect your wishes.

Your will should:

• Name your beneficiaries clearly

• Appoint a trusted executor (the person responsible for winding up your estate)

• Make provisions for minor children, including guardianship

• Be signed correctly with two witnesses (who are not named as beneficiaries).

It’s important to remember to update your will after major life changes, such as marriage, divorce, the birth of a child, or acquiring significant assets.

2. Guardianship Planning for Minor Children

If you have children under 18, your will should clearly state who you wish to care for them should both parents pass away. Without this provision, the decision may be left to the courts. Planning ahead ensures your children are raised by someone you trust, according to your values and family culture.

3. An Estate Plan that Covers All Assets

Estate planning isn’t just about your will; it is also there to ensure your financial and legal affairs are in order. This includes:

• Property ownership structures (joint ownership, trusts, etc.)

• Life insurance policies and designated beneficiaries

• Business interests or shares

• Debt management strategies to avoid burdening heirs

• Retirement funds, which are handled separately from your will.

Our team at Louw & Heyl Attorneys can help you assess your full estate and guide you on the best way to protect it.

4. Power of Attorney and a Living Will (Optional, but Valuable)

While not legally binding after death, these documents are important during your lifetime:

• A Power of Attorney allows a trusted person to manage your affairs if you're unable to.

• A Living Will outlines your medical treatment preferences if you're incapacitated.

Having these documents in place reduces confusion and ensures your wishes are honoured.

5. A Trusted Legal Advisor

Estate planning is not a once-off event. Laws change, families grow, and circumstances evolve so you need to ensure your estate plan stays relevant and effective.

At Louw & Heyl, we offer:

• Personalised estate planning

• Will drafting and safekeeping

• Executor services

• Assistance with setting up family trusts

• Professional estate administration when the time comes

Don't Leave It to Chance

No matter your age or income level, having a proper will and estate plan is one of the most loving things you can do for your family. It provides certainty, reduces conflict, and makes a difficult time a little easier for those left behind. At Louw & Heyl we help you protect your legacy through trusted legal advice and guidance. If you need help getting your affairs in order, contact us today to draft or update your will, review your estate plan, or get professional advice specially tailored to your situation.