Updating Your Will in South Africa: Should You Start Fresh or Amend?
Updating Your Will in South Africa: Should You Start Fresh or Amend?
Your estate plan is a living document, not a one-time task. As your life changes—be it through marriage, children, divorce, relocation, or even a shift in financial priorities—your will or trust should evolve with it.
But when it comes time to make changes, a key question arises:
Do you amend your current will, or is it better to start again from scratch?
Let’s unpack the legal, practical, and strategic considerations of amendments versus full rewrites, based on our expertise in South African estate law.
Option 1: Amendments & Codicils – Quick Fix or Future Headache?
In South Africa, small changes to your will (like changing an executor or updating a specific bequest) can be done via a codicil—a legally valid document (if signed correctly) that supplements your existing will.
When amendments make sense:
You’re making one or two minor updates.
You’re pressed for time (e.g. about to travel or undergo a medical procedure).
Your existing estate plan is up-to-date in all other respects.
Risks of amending:
The more codicils or amendments you have, the more complicated your estate administration becomes.
Multiple documents can introduce conflicting clauses, confusion among heirs, and higher legal costs down the line.
It may be difficult to prove which provisions apply if there's disagreement.
Pro tip from Benaters: If your original documents weren’t drafted by us or are outdated, it’s often safer and cleaner to replace them.
Option 2: A New Will – Clean Slate, Clear Intent
Sometimes, a full rewriting of your will is the better approach—especially when:
Your personal or financial circumstances have changed substantially.
The original documents were drafted under now-outdated laws or by a different attorney.
You want to eliminate any ambiguity and reduce the risk of family disputes.
Benefits of a fresh document:
Provides a single, consolidated source of truth for your heirs and executor.
Reduces the risk of errors, contradictions, and omissions.
Makes estate administration easier, faster, and cheaper for your loved ones.
Document Retention: Why Old Wills Still Matter
Even when creating a new will it's wise to retain your original documents, especially if:
You want to prove that the earlier document was validly amended.
You may face future legal scrutiny (e.g. during incapacity or a family dispute).
At Benaters, we manage this retention for you and store documents securely so nothing gets lost over time.
A South African Legal View: Don’t Let Confusion Undermine Your Wishes
The South African courts look at intent and clarity when interpreting estate documents. But if you’ve amended a will multiple times—or if different versions conflict—your estate could be open to challenge.
For example:
If your latest codicil omits a residuary clause, your assets could unintentionally be distributed under intestate succession laws.
Conflicting instructions could lead to litigation among heirs or delays in finalising the estate.
So, What’s Right for You?
At Benaters, we help you choose the right approach based on:
The extent of changes you wish to make.
The complexity of your assets and beneficiaries.
Your long-term goals for privacy, tax efficiency, and clarity.
We often recommend a new will if there’s even moderate change to your life circumstances. It’s a future-proof, foolproof way to protect your wishes—and your family.
Expert Help From Benaters: Secure Your Legacy Today
If your will is more than 3 years old, or you’ve experienced any major life change, it’s time for a review.
Get expert legal guidance from our estate specialists.
Based in Johannesburg and Sandton, serving clients across South Africa
Contact Us Now | info@benaters.com