A Single Mom’s Guide to Drawing Up a Will

“You may not control the future, but you can absolutely plan for it.”

As a single mother, you carry the weight of the world — school runs, scraped knees, bedtime stories… and everything in between. But there’s one responsibility that often gets pushed to the bottom of the list: making a will.

At Benaters, we’ve worked with countless moms who want to ensure that, no matter what happens, their children are cared for, protected, and provided for. This guide is for you — to help you take control of your legal affairs, simply and confidently.

Why Single Moms Absolutely Need a Will

If you pass away without a valid will in South Africa:
- Your estate is distributed according to the Intestate Succession Act, not your wishes.
- You lose the right to choose who will raise your children.
- Minor children’s inheritances go to the Guardian’s Fund, which is often slow and bureaucratic.

With a valid will, you can:
- Appoint a trusted guardian for your children.
- Set up a testamentary trust to protect their inheritance.
- Appoint an executor you know and trust to carry out your wishes.

Who takes care of my child if I die without a will in South Africa?

If you pass away without a valid will in South Africa, the decision about who will care for your minor child does not automatically fall to a relative of your choosing. Instead, the matter is referred to the Children’s Court, which will appoint a guardian based on the best interests of the child.

This means:

• The court may consider biological relatives, but no one has automatic legal guardianship unless it has been specifically assigned.

• If the other biological parent is alive and has parental rights and responsibilities, they may be given custody — even if you were not in contact or did not wish for them to be involved.

• If no suitable guardian is found, your child may temporarily enter state care or foster placement until guardianship is resolved.

Without a will:

• You lose the opportunity to name a trusted guardian who understands your child’s needs, values, and routine.

• Family members may dispute custody, creating tension and instability at an already difficult time.

• Your child’s future care could be left to strangers within the legal system.

🔒 The only way to ensure your child is raised by someone you trust is to name a legal guardian in your will.

What Makes a Will Legally Valid in South Africa?

To ensure your will is enforceable under South African law, it must:
1. Be in writing (typed or handwritten).
2. Be signed on every page, and in full at the end, by you. It must be signed in wet ink. A will cannot be signed by way of electronic signature.
3. Be signed in the presence of two competent witnesses (who are not named in the will).
4. Use clear, unambiguous language to prevent disputes.

5 Essential Steps to Drawing Up Your Will

• 👉 List Your Assets and Liabilities

From your home to your life insurance to your jewellery — know what you own, and what you owe.

• 👉 Appoint a Guardian

This is your opportunity to decide who will raise your child if you’re no longer here.

• 👉 Create a Testamentary Trust

A trust allows a trustee to manage your child’s inheritance until they reach a responsible age — like 21 or 25.

• 👉 Choose Your Executor

This is the person or institution that winds up your estate. Choose someone you trust.

• 👉 Review It Annually

Life changes. So should your will. Update it when you buy property, have another child, or change guardianship arrangements.

Real Questions from Real Moms

• ❓ What if my child’s father is absent?

If he has no legal rights or has been declared unfit, you can name a new guardian in your will.

• ❓ Can my child inherit directly?

Yes — but if they’re under 18 and there’s no trust, the inheritance is held by the Guardian’s Fund.

• ❓ Is a handwritten will legal?

Yes — as long as it meets all legal requirements. A professionally drafted will avoids costly mistakes.

Why Single Moms Trust Benaters

Benaters is a family-focused legal firm with over 15 years’ experience in helping South Africans plan for what matters most. When you work with us, you get:
- ✅ Clear, simple legal guidance
- ✅ A will that aligns with South African law
- ✅ Optional estate administration and trust setup
- ✅ Peace of mind, from people who truly care

“They made the process so simple and really took the time to understand what I wanted for my daughter’s future.”
— Naledi R., Johannesburg

Your Child’s Future Is Worth Protecting

If you’ve been meaning to draw up a will but haven’t known where to start — this is your sign. We’ll guide you through it with care, clarity, and confidentiality.