Why Millennials in South Africa Need Estate Planning Now — Not Later

If you’re in your thirties or early forties, estate planning probably feels like something you’ll “get to one day”. Right now, you’re focused on building your career, paying off a bond, raising young children, growing a business, or managing a side hustle that finally brings in decent income.

A Will? Estate planning? That still feels like something for later. 

Here’s the reality we see every day at Benaters: millennials are already estate planning — often only after something has gone wrong. The clients who fare best are the ones who plan early, clearly, and properly, before crisis forces difficult decisions on grieving families.

Estate planning isn’t about how old you are or how wealthy you think you are. It’s about certainty. It’s about protecting your family, your assets, and your wishes in a legal system that does not guess what you would have wanted.

Why Estate Planning Has Become a Millennial Issue in South Africa

Millennials in South Africa face estate planning realities that previous generations largely avoided.

You are more likely to:

• Own property with significant bond debt

• Be in a long-term relationship without being married

• Have blended families or children from previous relationships

• Build income through side hustles or online businesses

• Hold digital assets, online accounts, or cryptocurrency

• Live or work across borders while remaining South African tax residents

South African succession law was not designed with these realities in mind. Without a valid will, your estate is administered according to the Intestate Succession Act 81 of 1987, not according to your intentions.

That distinction matters far more than most millennials realise.

What Happens If You Die Without a Will in South Africa

If you die intestate — without a valid will — your estate is distributed according to rigid statutory rules.

Depending on your circumstances:

• An unmarried life partner may inherit nothing, or may face legal uncertainty and delays

• Minor children may inherit assets outright, requiring the appointment of a guardian and possible court-supervised administration

• Guardians for your children may be decided by the Master of the High Court, not by you

• Estranged or unintended relatives may inherit

• Estate administration may be delayed for months or years

• While Constitutional Court developments (including Bwanya v Master of the High Court) have expanded recognition of certain life partnerships, the legal framework remains complex, transitional, and evidentially burdensome. Your surviving partner may be required to prove the nature of your relationship during a period of grief — something a properly drafted will avoids entirely.

A will replaces uncertainty with clarity.

Why Modern Families Require Explicit Estate Planning

Millennial families do not fit neatly into the assumptions underlying intestate succession.

You may be:

• Living with a partner without being married

• Supporting stepchildren or children from previous relationships

• A single parent by choice

• Planning for future children

• Child-free but financially supporting others

Without explicit instructions in a will, South African law cannot account for emotional realities, modern relationships, or personal intentions. Estate planning allows you to:

• Clearly define who inherits what

• Protect partners who are not legally married

• Provide for children fairly and responsibly

• Prevent family conflict and litigation

This is not about distrust. It is about removing ambiguity at the worst possible time.

Digital Assets and Side Hustles: The New Estate Planning Risk

Your estate almost certainly includes assets your parents never had to plan for:

• Online businesses and e-commerce stores

• Monetised social media accounts

• Cryptocurrency wallets

• Domain names and digital intellectual property

• Cloud-stored documents and financial records

Without proper documentation, these assets can be lost permanently. Executors cannot administer assets they cannot locate or access.

Estate planning for millennials must include:

• Identification of digital assets

• Clear instructions for access and administration

• Alignment with platform-specific policies

• Practical guidance for executors

Ignoring digital assets is no longer an option.

Estate Duty: A Reality for More Millennials Than You Think

Many millennials assume estate duty only affects the very wealthy. In reality, estate duty applies once your estate exceeds R3.5 million, including property, investments, and certain insurance proceeds.

With property prices in Johannesburg, Cape Town, and other major centres, many millennials are already approaching or exceeding this threshold.

Proper estate planning can:

• Improve estate liquidity

• Reduce delays in estate administration

• Ensure heirs are not forced to sell assets under pressure

• Align tax efficiency with family protection

Estate duty planning is not about avoiding tax unlawfully — it is about planning responsibly within the law.

What a Proper Millennial Estate Plan Should Include

At minimum, a sound estate plan should address:

• A legally valid will compliant with the Wills Act 7 of 1953

• Appointment of a suitable executor

• Guardian nominations for minor children

• Clear beneficiary designations

• Consideration of testamentary trusts where appropriate

• Planning for digital assets and modern income streams

• Regular review of your will and review of your estate plan as your life changes

Estate planning is not a once-off exercise. It evolves as your circumstances evolve.

Why Working With the Right Professionals Matters

DIY wills and generic templates often fail at the worst possible moment — during estate administration. Small technical errors can invalidate a will entirely or trigger costly High Court applications.

At Benaters, estate planning is grounded in:

• South African legal accuracy

• Practical experience with deceased estate administration

• Clear communication, not legal jargon

• Understanding of modern families and digital assets

• Ongoing support as your circumstances change

We do not treat estate planning as paperwork. We treat it as family protection.

Estate Planning Is Not Morbid — It’s Responsible

Planning for death is not pessimistic. It is one of the most considerate acts you can perform for the people you care about.

It spares your family:

• Legal uncertainty

• Administrative delays

• Unnecessary conflict

• Financial stress during grief

You don’t need to be wealthy.

You don’t need to be older.

You just need people and assets worth protecting.

Let’s Talk

If you are a South African millennial with property, children, a partner, a business, or digital assets, estate planning is not something to postpone.

Contact Benaters to discuss a will and estate plan that reflects your real life — not outdated assumptions.

Your family deserves certainty. We’re here to help you provide it.