Your Family Group Chat Is Not a Will

This Wills Week, let’s separate your actual estate plan from your “they know what I want” plan.

You have told your sister who should get your jewellery.

Your partner knows that the house must eventually go to the children.

Your eldest child has the password to your laptop.

And somewhere in your WhatsApp history is a message saying, “When I’m gone, you can have the car.”

Sorted?

Unfortunately, no.

When it comes to your estate, “everyone knows what I want” is not a legally reliable plan. Memories differ, relationships change and verbal promises can quickly become family disputes.

Under South African law, a will must comply with specific formalities. It must be in writing and signed at the end by the person making it. The signature must be made or acknowledged in the presence of two competent witnesses who are present at the same time, and the witnesses must also sign in the required manner.

So, before you assume your affairs are in order, let’s look at a few things that are not substitutes for a properly prepared will.

1. “My family knows what I want”

Families know many things.

They know who makes the best biryani. They know who never returns borrowed containers. They may even know who you wanted to inherit your home.

But knowing your wishes does not automatically give them the legal authority to carry those wishes out.

A properly drafted will records your decisions clearly and formally. It can identify your beneficiaries, nominate an executor and provide directions for the distribution of your estate.

Without one, your estate may be distributed according to South Africa’s intestate succession laws rather than according to informal conversations you had during your lifetime.

2. The voice note you sent your cousin

A heartfelt voice note may explain your wishes, but it is not the same as a will that complies with the Wills Act.

Although a court may, in certain circumstances, order the Master to accept a document that does not meet all the formalities where the deceased intended it to be their will, relying on court intervention is a risky and potentially expensive estate plan.

Your loved ones should not have to begin the grieving process by beginning a court application.

3. Your notes app titled “When I Die”

It is useful to keep a record of your accounts, policies, digital assets, subscriptions and important contacts.

But that list should support your estate plan, not replace it.

A digital inventory can help your executor locate important information. However, instructions dealing with who inherits your assets should be addressed properly in your will. And please do not place passwords, PINs and sensitive security information in an unsecured document.

4. “My spouse will automatically get everything”

Estate planning is rarely that simple.

The outcome can depend on factors including your marital regime, whether you have children, what property you own, how assets are registered and whether a valid will exists.

Assumptions are not an estate plan. Proper legal advice is.

5. The will you signed 15 years ago

Having a will is a good start.

Having a will that still reflects your life is better.

Marriage, divorce, children, the death of a beneficiary, a new business, property purchases and changes in your financial position can all affect whether your existing will still works as intended.

Even small drafting problems or signing mistakes may create major complications. For example, people who witness a will, and in certain circumstances their spouses, may be disqualified from receiving benefits under it.

Your will should not leave everyone guessing

A good will does more than divide belongings.

It gives your family clarity. It reduces room for conflict. It identifies who should administer your estate and records your wishes while you are still able to explain them.

This Wills Week, move beyond:

“They know what I want.”

Put it in writing. Sign it correctly. Have it professionally reviewed.

Because family drama belongs in the group chat, not in the administration of your estate.

Speak to NMA Attorneys

Whether you need to draft your first will or review one that has been sitting in a drawer for years, NMA Attorneys can assist you in preparing a will suited to your circumstances and compliant with South African law.

Your life has changed. Has your will kept up?