A will records instructions at one point in time. It does not update itself when you marry, have a child, buy a house, sell a business or move abroad. The old document may remain valid while no longer saying what you now intend.

A proper review separates three questions. Does the existing will still express your wishes? Does it still work with your ownership, marriage regime and family responsibilities? Have the will and related records been changed through the formal process that applies to each of them? The dedicated update your existing will page provides the intake route and document checklist.

Why updates matter more than most people think

After death, the executor, Master, heirs and any court must work with the available documents and evidence. A will that names an unavailable executor, omits a new child, gives away property that was sold, or contains an informal handwritten alteration can create uncertainty or require legal work that a clean replacement might have avoided.

Some death benefits are governed outside ordinary will distribution. Section 37C of the Pension Funds Act gives the retirement-fund board a statutory role in allocating a member's death benefit. Some policy proceeds depend on the policy terms and a beneficiary nomination. Updating the will does not update those records.

The key triggers to review your estate plan

Review the plan when a fact changes who should inherit, what the estate owns, who may have a claim, who should administer the estate or how a dependant should be supported. The Department of Justice identified marriage, divorce, the birth of children and acquiring new assets as events that often require a will update in its September 2025 National Wills Week address.

Marriage, civil union, or changes in marital status

Your marriage regime affects your estate plan in a practical way. In community of property, you share a joint estate, which changes what you can bequeath and what must be administered. In marriage out of community of property (with or without accrual), your planning choices look different. If you signed an antenuptial contract, your will should be drafted with that reality in mind.

The current Wills Act contains a specific rule for divorce or annulment but no corresponding provision that automatically revokes a will merely because the testator marries. That statutory reading should not replace advice on an individual document. It does mean you should not treat the old will as cancelled. Read it, check the ownership consequences of the marriage, and replace it properly if it no longer works.

Divorce or separation

Section 2B of the Wills Act is a limited rule. If a person dies within three months after a divorce or annulment, a will made before the dissolution is generally implemented as if the former spouse died first, unless the will shows an intention to benefit that former spouse despite the dissolution. The protection does not continue indefinitely. Obtain advice about timing, update the will promptly and review each separate nomination under its own rules.

The birth or adoption of a child

Once you become a parent, your estate plan is no longer only about assets. It is about guardianship, how inheritances will be managed while children are minors, and how financial support will be structured. Our guide to a will for parents with minor children explains the surviving-guardian rules, testamentary trusts and the Guardian's Fund before you choose the clauses.

Death or incapacity of a beneficiary, executor, trustee, or guardian

If an executor, trustee or guardian nominee dies, loses capacity, emigrates, becomes unsuitable or no longer accepts the role, review the nomination and any backup. A will can nominate an executor, but legal authority to administer the estate comes from appointment by the Master.

Major asset changes

Buying or selling property, starting or selling a business, receiving an inheritance, acquiring foreign or digital assets, or taking on significant debt can change both the distribution and the cash needed to administer it. Update the asset record so an executor can locate the evidence, but do not use that record as an informal amendment to the will.

Retirement, changes in dependants, or changing support obligations

Retirement can change the type of assets you hold and the people you support. Adult children may become financially independent while a parent, partner or disabled family member may depend on you. Review maintenance needs, liquidity and the separate retirement-fund nomination without implying that the nomination controls the fund board.

Emigration or acquiring assets abroad

If you move abroad or acquire assets in another country, obtain advice in each relevant jurisdiction. Separate wills can conflict if one revocation clause cancels another. Do not replace or destroy a South African will until the cross-border documents have been coordinated.

How to update your estate plan safely

Updating an estate plan is not only about writing new words. It is about avoiding confusion and ensuring the final signed documents are the only documents your family must rely on.

Step 1: Review the whole estate plan, not only the will

Start by listing all relevant components:

  • Your will (including guardianship and trust clauses).
  • Life insurance beneficiaries (and whether proceeds should fund estate liquidity or support dependants).
  • Retirement fund nominations (and whether they match your current family structure).
  • Trust deeds and trustee arrangements if you have an inter vivos trust.
  • Asset and debt inventory (accounts, properties, policies, liabilities, and key contacts).

Step 2: Decide whether you need a codicil or a new will

A codicil supplements or amends an existing will. The Department of Justice says a codicil must meet the same requirements as a valid will, although the witnesses need not be the same people who witnessed the original. A legal practitioner may consider one for a narrow change. A replacement will may create a clearer record when several clauses, family facts or assets changed. Foreign or specialised wills require coordinated revocation wording.

Step 3: Keep beneficiary nominations aligned

Check policy nominations and retirement-fund records separately. A will does not amend them. For a retirement fund, the nomination supplies information to the board but does not remove the board's section 37C duties toward dependants and nominees.

Step 4: Re-check liquidity and administration costs

Your estate may face executor remuneration, advertising, conveyancing, tax and debt. If the asset mix changed, test whether the estate can pay those amounts without selling an asset you intended an heir to keep. Any insurance recommendation requires a properly authorised provider, appropriate advice and product disclosure.

Step 5: Store the signed original properly

A legally valid plan is only useful if the signed original can be found. Store the original in a safe place and tell at least one trusted person how to access it. Keep a copy for reference, but ensure your executor can locate the original when required.

Common mistakes to avoid when updating

  • Handwritten edits on a signed will: informal changes can create disputes about validity or intention.
  • Multiple conflicting documents: old wills and partial drafts that were never destroyed can confuse heirs.
  • Forgetting alternates: if your nominated executor or guardian is unavailable, your plan should still work.
  • Ignoring blended-family dynamics: second relationships and children from earlier relationships need ownership, housing and inheritance decisions that work together. Use the blended-family will guide before choosing clauses.
  • Overlooking digital assets: online banking, email, subscriptions, and crypto are now part of many estates.
  • Relying on a fixed calendar rule: a review interval cannot replace an immediate review after a relevant legal, family or ownership change.

When to run the next review

Review immediately after a change that affects the document. If no relevant fact has changed, ask the responsible drafter what review interval fits the complexity of your family, assets and related instruments. No single interval is suitable for every estate.

Use a checked replacement, not an informal fix

The review should end with a clear answer about which document is current, which nominations need separate action, how the valid original will be stored, and who is responsible for any further legal, tax or financial work.

Wills & Trust provides intake, factual qualification and referral support. It does not itself give legal or tax advice or amend a will. Use the will-update checklist and request form to start a referral. The independent provider must confirm its responsible professional, scope, fee and timing in writing.

Editorial record: Muhammad Khan, Director and Information Officer, business and editorial role only. Official-source research checked 3 August 2026. A named South African succession or estate-planning professional, credential, professional body or admission status and review date are still required before publication. This draft is not approved for publication.

Sources checked