Drafting a will is one of the most important steps in estate planning, but simply drafting one is not enough. For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they’ve put their wishes in writing, those wishes will automatically be fulfilled. In reality, poorly structured or incomplete wills often create confusion, delay, and even legal disputes during the administration of the estate.

An unworkable will can result in loved ones being left in limbo, assets being tied up for years, or wishes being overridden by law. The issues that arise from these types of wills can often be avoided with proper guidance and attention to detail.

Why “Workability” Matters in a Will

According to fiduciary expert Chantelle van Heerden of NFB Private Wealth Management, it’s critical for a will to be not only legally valid but also practically executable. That means executors and estate administrators must be able to implement its terms without contradiction, legal conflict, or administrative hurdles.

Van Heerden explains that the fiduciary team at NFB reviews dozens of wills each month and continues to see a high number of documents that, while technically valid, are functionally flawed. In these cases, executors are left struggling to interpret the deceased’s intentions or, worse, are unable to carry them out.

Mistake 1 - Unclear Instructions or Missing Information

A common problem found in invalid or problematic wills is vague or ambiguous language. For example, a testator may refer to “my house in Cape Town” without specifying the address — a significant issue if the person owned more than one property in the area, or if the property has since been sold or transferred. Without specifics, the executor may be unsure which property is meant to be distributed, and to whom.

Another frequent error is failing to provide clear identification of beneficiaries. Merely referring to “my niece Sarah” can create confusion if the individual has more than one niece named Sarah, or if the niece’s full legal name isn’t used. This ambiguity can lead to disputes or legal challenges from other heirs.

Mistake 2 - Leaving Out a Residue Clause

One of the most significant oversights is failing to include a residue clause — a provision that states how the remainder of the estate should be distributed after specific bequests are made.
Van Heerden notes that without a residue clause, any assets not explicitly listed in the will are considered intestate, meaning they are distributed according to the rules of intestate succession rather than the deceased’s wishes. This can result in unintended individuals inheriting part of the estate or delays as the Master’s Office determines how to handle unallocated assets.

A properly drafted residue clause ensures that everything not specifically mentioned in the will is still dealt with in accordance with the testator’s wishes.

Mistake 3 - Naming an Unqualified or Unavailable Executor

Another common issue is the appointment of an executor who is either not qualified or unable to act. Van Heerden points out that people often name family members who may not have the capacity, experience, or willingness to handle the administrative responsibilities of winding up an estate.

In some cases, the nominated executor might live abroad, may be legally barred from acting, or may refuse the appointment altogether. This results in further delays while a new executor is appointed by the Master of the High Court.
To avoid this, it’s important to name a competent individual — preferably with legal or fiduciary experience — or to appoint a reputable firm with a strong track record in estate administration.

Mistake 4 - Underestimating the Need for Liquidity in the Estate

Estate liquidity is another often-overlooked issue. If the estate contains valuable assets — such as property or shares — but lacks sufficient cash to cover debts, taxes, and administration costs, the executor may be forced to sell assets the testator intended to leave to heirs.

Van Heerden explains that this situation arises frequently and can complicate the winding-up process. Beneficiaries may end up with significantly less than intended, or with no inheritance at all if the estate’s liabilities exceed its liquid assets.

Proper financial planning — including life cover or investment products designed to boost estate liquidity — is critical to ensure that bequests can be honoured without selling off significant estate assets.

Mistake 5 - Ignoring Foreign Assets

People with offshore investments or property often make the mistake of excluding those assets from their South African will, assuming they will be handled automatically by local executors. In reality, foreign jurisdictions may not recognise a South African will or executor, creating administrative and legal obstacles.

Van Heerden advises anyone with international assets to consider drafting a separate will in the relevant jurisdiction, while ensuring that it does not conflict with the South African will. Coordination between the two documents is key to avoiding contradictory provisions or delays.

Mistake 6 - Overlooking Documents, Funeral Wishes, and Pet Care

Some wills include requests that aren’t legally binding but are still important — such as funeral arrangements or the care of pets. While not enforceable in the same way as asset distribution, these instructions can guide family members and reduce uncertainty.

However, Van Heerden warns that these types of wishes should be detailed and stored properly. A will that simply says “I’d like to be cremated” offers no practical guidance if the document is discovered too late — after a funeral has already taken place.

Pet care is another area often overlooked. Individuals may assume family or friends will step in, but if no arrangements are in place, the animal could end up in a shelter. Including clear instructions, and possibly allocating funds for the pet’s upkeep, can prevent this outcome.

Key Steps to Ensure Your Will Is Actionable

Van Heerden offers several practical tips to help ensure that your will is not only legally valid but also executable:

• Draft an original will, not just a copy, and store it securely.
• Avoid vague or casual language. Use full legal names and specific asset descriptions.
• Include a residue clause to cover anything not specifically addressed.
• Name a competent, willing executor who is available and legally eligible to act.
• Review your will regularly, especially after major life changes such as marriage, divorce, or acquiring property.
• Plan for liquidity so that the estate can settle debts and taxes without selling off legacy assets.
• Make clear arrangements for pets, funeral wishes, and non-financial matters, even if they're not legally enforceable.
• Coordinate with legal advisors if you have foreign property or investments — and ensure all wills work together without conflict.

What Are the Four Requirements of a Valid Will in South Africa?

For a will to be legally enforceable in South Africa, it must comply with the Wills Act 7 of 1953, which outlines the core requirements that must be met for a will to be considered valid. If any of these elements are missing or incorrect, the will may be declared invalid, and the estate could be administered as if the person died intestate (without a will). This often leads to unintended consequences for beneficiaries.

Here are the four essential legal requirements:

1. The Will Must Be in Writing

A valid will must be reduced to writing. This can be handwritten, typed, or printed, but verbal wills (except in very limited cases such as during active military service) are not recognised under South African law. Electronic wills or digital files without a physical, signed copy are also not accepted.

2. The Will Must Be Signed by the Testator

The person making the will (known as the testator or testatrix) must sign the document at the end of the will. This signature confirms that they intended the document to serve as their final instructions regarding the distribution of their estate.

If the testator is unable to sign personally, they may direct someone to sign on their behalf — but this must be done in their presence and with proper compliance, which often requires additional legal formalities.

3. The Will Must Be Signed in the Presence of Two Competent Witnesses

The testator must sign the will in the presence of two witnesses who are present at the same time. These witnesses must also sign the will, ideally on each page and at the end, to confirm that they saw the testator sign it voluntarily.
Importantly, witnesses cannot be beneficiaries or spouses of beneficiaries, as this would disqualify them from inheriting under the will. They must also be over the age of 14 and able to understand what it means to witness a legal document.

4. The Testator Must Have Testamentary Capacity

The testator must be mentally competent and at least 16 years old at the time of signing the will. They must understand the nature and consequences of their actions — that they are drafting a legal document that will determine how their estate is handled after death.

If there is any question about mental capacity at the time of execution, the will may be challenged by interested parties during the estate administration process.

VDM Attorneys – Estate Planning & Deceased Estate Administration

A will that fails to meet legal standards or overlooks key estate realities won’t just delay the administration process — it can derail your entire intention. From defective signatures to vague clauses and liquidity shortfalls, the smallest oversight can leave your heirs exposed, or worse, ignite costly legal disputes.

At VDM Attorneys, we don’t just help you draft a valid will — we help you build a document that works. One that’s executable, defensible, and aligned with the legal and administrative demands of South African estate law.
If your will hasn't been reviewed by an experienced legal professional, it may not stand up when it matters most. Let our deceased estate administration and estate planning Attorneys assist you.