Newly married
Your will predates a marriage, civil union or recognised family arrangement and does not reflect the new household.
Review an existing South African will
Update Your Will in South Africa
If you married after signing your will, do not assume the wedding cancelled it or added your new spouse to it. Check the document against your current marriage regime, family, assets and choices, then replace it through a properly completed signing process if it no longer works.
The same review matters after a child is born or adopted, a relationship ends, property is bought or sold, a beneficiary dies, a business changes, or the person you nominated as executor can no longer act.
Wills & Trust handles intake and factual qualification before referring suitable requests. It does not itself give legal, tax or financial advice or amend the will. The independent provider identified during the handoff is responsible for the engagement, advice, drafting and signing instructions.
For people who already have a will
Who should use this will-update route?
Use this route when you can identify an existing will, copy or possible prior version and a fact that may require new instructions. If you have never made a will, start with the free-will intake instead.
Family changed
A child, dependant, beneficiary, executor, trustee or guardian nominee has been added, lost or changed.
Assets changed
You bought or sold property, changed a business interest, acquired foreign assets or altered significant debt.
Current version is unclear
You have a copy but no original, several drafts, a codicil, handwriting on the document or more than one signed will.
The after-marriage question
Should you update your will after marriage?
Yes, you should review it promptly. Marriage can change what you own, the claims that arise on death, who depends on you, and who you intend to benefit. That is different from saying the marriage automatically revoked the will.
Read the document as it stands
An old will may still name a former partner, parent or sibling, omit the new spouse, or deal with property as if you were still single.
Confirm the marriage regime
In community of property, out of community with accrual, and out of community without accrual create different ownership and estate consequences.
Review both spouses' plans
Two wills should be checked together for ownership, survivor support, children, executor choices and the family home, while each person still gives their own instructions.
What the current statute shows
The current Wills Act contains a specific three-month rule for divorce or annulment in section 2B. It contains no corresponding rule that automatically cancels an existing will merely because the testator marries. That is a statutory reading, not personalised advice. The safe practical step is to have the old will reviewed, not to treat it as cancelled.
Review when facts change
Other reasons to update an existing will
A child is born or adopted
Review beneficiary wording, guardian nominations where legally available, inheritance management for children under 18, and whether a testamentary trust is suitable. See the will guide for parents.
A marriage, partnership or household changes
A new spouse, civil union, customary marriage, permanent life partnership or blended household can change support needs and legal status. Blended households should use the blended-family planning guide.
Divorce or annulment
Section 2B is narrow. If death occurs within three months after divorce or annulment, a pre-divorce will is generally implemented as though the former spouse died before the dissolution, unless the will shows a contrary intention. After that period, the former-spouse benefit can operate again. Use the dedicated will-after-divorce guide instead of relying on the temporary rule.
Property, debt or a business changes
A sold asset can make a specific gift ineffective. A new home, bond, company shareholding, foreign asset or large debt can change liquidity and distribution choices.
A nominated person cannot act
Review the will if a beneficiary, executor, trustee or guardian nominee dies, loses capacity, emigrates, becomes unsuitable or no longer wants the role. A will may nominate an executor, but legal authority to administer the estate comes from appointment by the Master.
Your intention changes
A falling-out, reconciliation, charitable decision, support obligation or change in how a vulnerable beneficiary should receive an inheritance can require new wording even when your balance sheet is unchanged.
The old instructions can still speak
What can go wrong if you take no action?
An outdated will is not automatically invalid. That is often the problem: its old instructions may still be given effect even though your life has moved on.
The wrong person may remain named
A former partner can remain a beneficiary or executor nominee. A deceased beneficiary can leave a gap that depends on the will's substitution and residue clauses.
The will may promise an asset you no longer own
Specific gifts can fail or produce an unintended balance when property was sold, refinanced, transferred into a company or trust, or became part of a joint estate.
A handwritten fix can create a formalities dispute
Crossing out a name, adding a note or attaching an unsigned page is not a safe update method. The Department of Justice says amendments and codicils must comply with the requirements for a valid will.
The rest of the plan can contradict the will
Retirement-fund benefits and some policy proceeds follow separate rules or nominations. Updating only the will can leave those records pointing elsewhere.
Choose a clean document trail
A new will or a codicil?
A codicil supplements or amends an existing will. It is not an informal note. The Department of Justice says it must meet the same requirements as a valid will, although the witnesses need not be the people who witnessed the original.
A narrow codicil may be considered
A legal practitioner may consider a codicil for a limited change where the original will is otherwise suitable and the amendment cannot create ambiguity. It still needs correct execution and safe storage with the will.
A replacement will is often clearer
A replacement is usually easier to administer when several clauses change, a family structure changed, new trust wording is needed, assets changed materially, or old documents conflict. The revocation wording must be coordinated with any foreign or specialised wills.
Do not destroy or mark the original before the replacement has been professionally checked and validly executed. A gap between revocation and valid replacement can create intestacy or a court application.
Drafting is not the final step
The replacement must be validly signed
Use the final version
Remove tracked changes, blanks that should be completed, and competing drafts before the signing meeting.
Follow the Wills Act
The ordinary route requires the testator and two competent witnesses to sign in the required manner and presence. Alternative-signature cases need the additional statutory process.
Use neutral witnesses
Do not use intended beneficiaries, executor nominees, or their spouses without advice. Section 4A can disqualify a witness from benefits, subject to statutory exceptions and court powers.
Protect the original
Keep the signed original where it can be found and tell a trusted person or intended executor where it is stored. Do not staple later notes to it.
Check what the will does not control
Review the records around the will
| Record | What to check | Why it is separate |
|---|---|---|
| Retirement-fund nomination | Current dependants, nominees and their details. | Section 37C requires the fund board to deal with death benefits under its statutory process. The will does not direct that allocation. |
| Life-policy nomination | Whether proceeds are payable to the estate or directly to a named beneficiary, and whether the nomination remains current. | Policy terms and a valid nomination may determine payment outside ordinary will distribution. |
| Trust and company records | Trust deed, Letters of Authority, shareholder agreements, buy-and-sell arrangements and share registers. | A will cannot override an existing contract, trust ownership or company law mechanism. |
| Asset and debt list | Property, bonds, accounts, digital assets, foreign assets, guarantees and amounts owed. | This record helps test liquidity and find assets but should not be treated as an informal amendment to the will. |
From old document to checked replacement
How the will-update referral works
- 01
Private intake
Tell Wills & Trust what changed and what the old will appears to do. Do not upload the will, IDs or financial records through this short form.
- 02
Scope and referral
Suitable requests are referred to an independent provider. That provider must identify its legal practitioner or responsible professional and confirm the engagement.
- 03
Document review and instructions
The provider checks the current will, life event, family facts, ownership and related nominations before advising whether to use a replacement or codicil.
- 04
Draft, approval and execution
You review the draft, resolve questions and sign under the provider's execution instructions. Storage and treatment of prior originals should be confirmed at handover.
Prepare for the review
Information the drafter will need
Bring the documents to the independent provider through its approved secure channel. The short enquiry form below is only for routing.
- Every current will and codicil
Signed originals, copies, storage details and any foreign or specialised will.
- Marriage or relationship records
Marriage certificate, civil-union or customary-marriage facts, antenuptial contract, divorce decree or settlement where relevant.
- Family details
Full names, ID numbers, relationships, dates of birth, minors, dependants and any vulnerable beneficiary needs.
- Asset, debt and ownership summary
Property title, bond, accounts, policies, retirement funds, companies, trusts, foreign and digital assets, loans and guarantees.
- Your new instructions
Beneficiaries, substitutes, executor and backup, trustee, guardian nominee where relevant, specific gifts and residue.
- Related nominations and agreements
Policy and retirement nominations, trust deed, shareholder agreement, buy-and-sell agreement and existing powers or mandates.
Confirm the engagement before work begins
Costs, timing and who performs the work
How the quote works
Wills & Trust does not publish an unverified update fee. The independent provider should first inspect the scope and state in writing what is included, whether advice or a complex structure costs extra, the VAT position, and any cancellation terms. Do not assume an amendment is part of a free basic-will offer.
Realistic turnaround
No fixed completion time is promised. A straightforward replacement may move faster than a review involving foreign wills, trusts, business interests, a contested relationship, tax advice or coordinated documents. The provider should give an estimate after receiving the old will and complete facts.
Responsible professional
The independent provider must identify who reviews and drafts the document, that person's role and relevant credential, and any Legal Practice Council admission or other professional registration relied on. Wills & Trust does not claim that credential for its intake role.
Short answers before you start
Questions about updating a will
Does marriage cancel my old will in South Africa?
Do not assume it does. The current Wills Act has a specific provision for divorce or annulment but no corresponding automatic-marriage cancellation rule. Marriage is still a strong reason to review the document because ownership, claims, dependants and intentions may have changed.
Can I cross out a beneficiary and write in another name?
That is unsafe. The Department of Justice says will amendments must comply with the formal requirements. Ask a qualified drafter whether to execute a compliant codicil or a replacement will.
Can I update a will online?
Instructions and drafts may be handled electronically, depending on the provider. An electronic draft is not the same as a validly executed will. The final document must satisfy the Wills Act signing requirements that apply to your circumstances.
Should spouses make one joint will?
Not automatically. Each spouse needs independent testamentary intention. Joint or mutual wording, massing, foreign assets and later revocation can create consequences that require specific advice.
Does updating my will change my retirement-fund nomination?
No. Retirement-fund death benefits are dealt with under section 37C and the fund's process. Review the nomination separately and give the fund accurate dependant and nominee information.
What happens to the old signed will?
Follow the drafter's instructions after the replacement is validly executed. Keep a clear record of which instrument is current, avoid circulating unsigned drafts, and make sure the current original can be found. Special care is needed where another will covers foreign assets.
Use the old will as the starting point
Start my will update
Tell us what changed and how you want to be contacted. A representative can route the enquiry and explain the next information step.
Client proof
No unverified will-update testimonial is used
The repository contains no traceable, permissioned will-update case study proving a drafting, timing or estate outcome. Add client proof only after the engagement, result and consent are verified.
Scope
General South African information
This page does not interpret your current will or antenuptial contract, decide whether a relationship or marriage is legally recognised, calculate a spouse's or dependant's claim, draft a revocation clause, recommend a trust, or give legal, tax, investment or insurance advice. Foreign assets, multiple marriages, disputes, incapacity and specialist structures need tailored advice.
Editorial and professional record
- Author
- Muhammad Khan
Director and Information Officer, K2023120042 (South Africa) (Pty) Ltd t/a willandtrust.co.za. Business and editorial role only; no legal, tax, fiduciary or financial-planning credential is claimed. - Professional reviewer
- Not yet assigned
A South African succession or estate-planning reviewer's name, credential, professional body, registration or admission status and review date remain pending. - Research date
- Official-source research checked 3 August 2026.
- Publication status
- Noindex professional-review draft. Not approved for publication.
Primary and professional sources checked on 3 August 2026
- Wills Act 7 of 1953, sections 2, 2A, 2B and 4A
- DOJ Master: wills, amendments, codicils, divorce and safekeeping
- DOJ: National Wills Week 2025 update triggers and nomination warning
- Matrimonial Property Act 88 of 1984
- SARS: current deceased-estate FAQs and matrimonial-property effects
- Pension Funds Act 24 of 1956, section 37C framework
- Children's Act 38 of 2005, including testamentary guardian provisions
- Law Society of South Africa: National Wills Week and attorney-drafted wills