In South Africa many couples write Wills together, reflecting their joint lives and assets. At LegalWills.co.za 55% of our users are married and 11% are in a common-law relationship. This post explains what a Couple’s Will is and how couples can use our service.
Making a Will in South Africa
When making a Last Will and Testament in South Africa there are three options:
1. DIY Will: Writing your own Will is the cheapest option. You can use a template or start from scratch. But this often results in an incomplete Will unless you have a good understanding of the law. A handwritten Will, known as a “holographic Will” is recognized, but capturing all the important points without guidance is difficult.
2. Professional Legal Help: A lawyer will ensure your Will is complete and legally binding. If you have specific legal questions a professional can answer them. While effective this option can be costly, from R7,500 to R15,000 for a basic Will and may require multiple visits to coordinate both partners’ schedules.
3. Online Will Services: Online platforms like LegalWills.co.za offer a guided, affordable process similar to tax preparation software. Users can create their Wills from home for R499. Once you’ve completed the online form you need to print and sign it in front of two witnesses to make it legally binding.
Joint Wills and Mirror Wills
Married couples often think of a “Joint Will” as one document that will manage their joint assets. Historically Joint Wills saved duplication of effort before the digital era. Today each partner must have their own Will reflecting the recognition of equal property rights. A joint will is executed as a single document signed by both parties.
Mirror Wills are a practical solution where each spouse makes the other their main beneficiary. Although similar they are not legally linked and can be changed individually. Mutual wills, on the other hand, may be irrevocable based on the couple’s agreement or court interpretation, emphasizing the importance of understanding these options for estate planning.
Distribution Plans
In Mirror Wills spouses typically name each other as the main beneficiary but they can also include personal wishes. This can be particularly complex in a blended family, where ensuring fair distribution among all children, including stepchildren, requires careful planning. For example one partner may want to support a charity they are passionate about or gift specific items to family members. Additionally, the surviving spouse may face challenges in managing inheritance for an adult child with varying needs, especially if the child requires specialized care. Such personal bequests are allowed within the structure of Mirror Wills.
The Survivorship Clause for the Surviving Spouse
A common feature in Wills including those from LegalWills.co.za is the “survivorship clause”. It states that a partner must survive the other by 30 days to inherit. This clause is important in situations like accidents so that the estate follows alternate plans if both partners pass away together.
Planning for Alternate Distribution
Even if you have a partner as the main beneficiary it’s important to have back-up plans. Joint wills can restrict the surviving spouse’s ability to make decisions after the first spouse’s death, leading to potential disputes and complications with estate taxes. In accidents alternate distribution plans are critical. Couples with children split the estate equally among them. Those without children may benefit their siblings or charities, showing different preferences.
Choosing an Executor
Who will implement your Will is important. Couples often appoint each other but should also appoint alternate Executors. Having these appointments aligned ensures smoother estate management even if different people are chosen.
Appointing Guardians for Minor Children
Your Will can appoint guardians for your children, so the court knows who to turn to if both parents are unavailable. Having the same guardians appointed in both Wills makes it easier for the court to follow the parents’ wishes while considering other factors relevant to the child’s well-being.
Create a Couple’s Will at LegalWills.co.za
Each partner must create their own account for their Will. The process involves ten detailed sections, covering family details and estate distribution. It’s designed to be flexible so you can save progress and change your plans over time. Creating separate wills for each partner allows for tailored provisions and adjustments according to personal circumstances and changing life events.
Using the Mirror Will Feature: LegalWills.co.za has a feature to transfer information between accounts so you can create complementary Wills without duplicating data. However, it is often recommended to approach estate planning with two separate wills to provide the surviving spouse more freedom to address changing circumstances and avoid potential disputes and legal challenges.
Costs and Get Started
The cost per Will is R499, you can update throughout the first year. A couple’s package is R799 so it’s more cost effective. Married couples should consider creating separate wills to allow for individual preferences and changes in life circumstances, rather than relying on a joint will that could complicate estate distribution and survivor rights. There are no hidden costs or automatic renewal fees. Start creating your Will now at LegalWills.co.za. It’s easy to get started and you can go at your own pace.
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More to Consider for South African Married Couples
When creating Wills in South Africa:
- Marital Property Regime: You need to know if you are married in community of property or with antenuptial contracts as it affects how assets are divided. Life insurance policies can also play a significant role in estate planning, as they may have named beneficiaries that differ from those in the will.
- Tax Implications: Be aware of estate duty implications for large estates so your loved ones get the intended benefits without unnecessary deductions.
- Flexible Updates: Life changes like having a child or acquiring new assets may require updates to your Will. LegalWills.co.za allows for easy amendments to reflect your changing circumstances. For life partners, creating legal documents such as Joint Wills or mirror Wills ensures that their estate plans are legally binding and protected.
- Witnesses: South African law requires two witnesses who are not beneficiaries to sign the Will.
- Surviving Spouse: After the death of one spouse, the surviving spouse may face restrictions in changing the will or reallocating assets. When a spouse passes away, it is crucial to consider individual wills to accommodate changing circumstances or blended families.
Get started now and protect your assets and wishes, and your partner’s too: LegalWills.co.za
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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