Is My Old Will Still Valid—and Enough?

My wife and I drew up a joint will with a friend just after we got married. We now have three children, and I’m concerned what might happen to them if something happened to us. Do I need to have the will reviewed?

The short answer is: yes. It’s critically important not only to have a will—but to ensure it’s valid and still appropriate for your current life circumstances.

According to South African law (Wills Act 7 of 1953), your will must meet five basic criteria to be valid:

It must be in writing.

The testator must sign it at the end.

Two competent witnesses (14 years or older) must witness the signature.

These witnesses must sign in each other’s presence and the testator’s.

If the will has more than one page, the testator must sign each page.

Even if your will meets these requirements, it may be outdated. Major life events—like marriage, divorce, or the birth of children—should prompt a review. For instance, if you divorced and didn’t update your will, your ex could still inherit your estate unless it’s been amended within three months post-divorce.

Other common issues include:

Naming friends or relatives as executors or guardians—who may become disqualified from inheriting if they also witnessed the will.

Failing to appoint guardians or trustees to care for children or manage their inheritance.

Leaving inheritances directly to minor children—who cannot legally inherit cash or property.

These bequests would go to the Guardian’s Fund, with limited access until adulthood.

To avoid unintended consequences and protect your children’s future, it’s wise to consult with an estate planning specialist. A carefully structured will—potentially including a testamentary trust—can ensure your family is cared for, even in your absence.