{
  "id": 8879740,
  "title": "20 common misconceptions South Africans have about wills",
  "url": "https://urgent.news/2026/09/21/20-common-misconceptions-south-africans-have-about-wills",
  "topic": "finance",
  "section": "Finance & Markets",
  "published": "2026-09-21T08:30:00.000Z",
  "source": {
    "name": "IOL",
    "slug": "iol",
    "url": "https://iol.co.za/sunday-tribune/opinion/2026-09-21-20-common-misconceptions-south-africans-have-about-wills/"
  },
  "original_language": "en",
  "account": "1. During September, known as Wills Month, many South Africans develop misconceptions about wills, which often leads to disputes, delays, and financial losses for executors.\n\n2. Simply stating “50% of my estate” to a surviving spouse in a will, without specifying the type of estate, can result in that spouse receiving more than half of the deceased’s total estate.\n\n3. If a testator divorces after signing a will, they are not automatically excluded from the will, unless they die within three months of the divorce.\n\n4. Death benefits from a pension or retirement annuity are controlled by the Pension Funds Act, not the will, and are paid out to nominated dependents.\n\n5. Life insurance and retirement annuities can go directly to a nominated beneficiary outside of the deceased’s estate if such a nomination is made.\n\n6. Even with a small estate, a will is necessary to cover aspects like guardianship for minor children.\n\n7. Informal agreements among family members are not legally binding and can lead to disagreements upon the testator’s death.\n\n8. A will should be reviewed periodically to accommodate changes like marriage, divorce, births, or significant changes in assets.\n\n9. A handwritten note, despite being a testament, does not qualify as a legally valid will unless it meets specific formalities required by the Wills Act.\n\n10. The surviving life partner of a couple in a common-law relationship does not automatically inherit their partner’s assets under South African law.\n\n11. Executors cannot legally administer an estate before the Master of the High Court grants Letters of Executorship, which may result in bank account freezes.\n\n12. Disinheriting a spouse could lead to them making a claim for maintenance against the estate under the Maintenance of Surviving Spouses Act.\n\n13. When drafting a will for a second marriage, special attention should be given to the inclusion or exclusion of children from a first marriage.\n\n14. Two spouses signing separate, identical wills do not constitute coordinated wills that automatically address complex estate scenarios.\n\n15. Executors’ fees are not fixed and can vary based on the size of the estate, income earned, and applicable legal provisions.\n\n16. Institutions offering free wills in September often require the appointment of an executor, incurring the full statutory executor’s fees.\n\n17. A will signed abroad is generally valid in South Africa if it adheres to international legal formalities, but integrating it with local assets may require additional steps.\n\n18. A will does not guarantee that family members will understand or execute the testator’s intentions without potential misunderstandings or disputes.",
  "summary": "From ex-spouses and minor children to pension benefits and executor fees, these are 20 common misconceptions about wills in South Africa — and what families should know before signing one.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 2,
    "also_reported_by": [
      {
        "outlet": "IOL",
        "title": "20 things South Africans get wrong about wills - and what actually happens when you die",
        "url": "https://urgent.news/2026/09/21/20-things-south-africans-get-wrong-about-wills-and-what-actually",
        "published": "2026-09-21T08:28:00.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}