Hammond Pole Attorneys highlights that effective estate planning goes well beyond signing a will, with divorce, debt, retirement funds, minor beneficiaries and benefits outside the estate potentially affecting what happens after death. Attorney Elandri Brecher urges South Africans to regularly review their wills and broader financial affairs to ensure their wishes remain current and their families are properly protected.
There is far more to planning for death than simply signing a will, from the little-known three-month rule after divorce to debt, retirement funds and UIF benefits. September marks Wills Month, and while most South Africans know they should have a will, many do not understand what happens to their assets, debts and financial benefits when they die.
According to Elandri Brecher, attorney at Hammond Pole Attorneys, one of the biggest problems with estate planning is that it is easy to postpone. "We insure our cars, our houses and our phones against things that might happen, but a will plans for the one thing we know eventually will."
A will is not only about deciding who receives your possessions, Brecher says, it forms part of a broader plan for your financial affairs and the people you leave behind. "A will is not really about death. It is about taking care of the people who are still here when you are no longer able to."
Here are several common misconceptions South Africans should know.
Misconception: My ex-spouse automatically falls out of my will after divorce
Not necessarily. Under section 2B of the Wills Act, if a person dies within three months of their divorce, a will made before the dissolution is generally implemented as though the former spouse died first, unless the will shows an intention that they should still benefit. After three months, an unchanged will may see the former spouse inherit again.
"Divorce changes your life immediately, but it does not permanently rewrite your will for you," says Brecher. People remember to change their surname and banking details after divorce, but the old will is often forgotten in a drawer.
Misconception: My debt disappears when I die
It does not. Creditors may lodge claims against a deceased estate, and valid debts must generally be settled before it is distributed to heirs, sometimes requiring assets to be sold for liquidity. "A will cannot make your creditors disappear," says Brecher. Heirs do not automatically inherit debts personally; liability depends on factors like joint debts, suretyships and the matrimonial property regime, and it is worth checking whether credit-life insurance covers outstanding obligations.
Misconception: My will controls my pension or retirement fund
Not necessarily. Retirement fund death benefits are generally dealt with under section 37C of the Pension Funds Act rather than falling into the deceased estate. The fund must identify dependents and determine an equitable distribution; a beneficiary nomination remains important but is not an absolute instruction. "Your will and your retirement fund beneficiary nomination are not the same document, and they do not necessarily do the same job," says Brecher.
Misconception: My family can only claim what I leave them in my will
Families may be entitled to benefits outside the deceased estate, including Unemployment Insurance Fund (UIF) dependent’s benefits, which a surviving spouse, life partner or dependent children may qualify to claim, subject to legislative requirements. Families should also check for pension benefits, employer death benefits, life insurance and other policies with nominated beneficiaries. "Sometimes families are so focused on the deceased estate that nobody asks whether there is money sitting outside it that they may be entitled to claim."
Misconception: I do not own enough to need a will
You do not need to be wealthy to need a will, an estate may include a home, vehicle, bank accounts and personal possessions, and for parents, a will matters far beyond monetary value. "You don't need to be wealthy to need a will. You need people you care about."
Misconception: I can simply leave everything to my minor children
Leaving an inheritance to a minor requires proper planning. Parents should consider how the inheritance will be administered, who will manage it, and when the children should receive control. The person who cares for a child is not necessarily the person who should manage their inheritance. "A proper will allows you to think about both."
Misconception: My family knows what I want, so I do not need a will
A family conversation is not an estate plan. Informal wishes, never formally recorded, can be remembered differently by different family members. "Don't leave your family with the words, 'But I thought Mom wanted...' If something matters to you, deal with it properly in your will."
Misconception: Once I've signed a will, I never need to look at it again
Marriage, divorce, children, the death of a beneficiary, buying or selling property and other life changes should prompt a review, including of the executor or trustee chosen years ago. "A ten-year-old will may still be legally valid while being completely wrong for the life you have today." Brecher recommends periodically asking: "If I died today, is this still what I want?"
Misconception: If I have a will, my family will automatically know what to do
Your family should know that you have a will, where it is stored, and what to look for when you die, without needing every confidential detail shared in advance. "Your family should not have to become detectives while they are grieving."
Misconception: Estate planning can wait until I am older
Younger adults may have children, property, investments and debt long before they consider themselves 'old enough' for a will. "Most people don't consciously decide not to have a will. They simply keep deciding to do it later."
Wills Month is about more than signing a document
A will should form part of a wider conversation: who would inherit, who would administer the estate, what debt must be settled, and whether the family knows about insurance policies or could qualify for UIF benefits.
"A will gives you a voice in a room you will not be there to speak in," says Brecher. "We spend our lives trying to protect the people we love. A properly drafted, up to date will is simply another way of doing that."
Hammond Pole Attorneys is offering free wills to members of the public throughout September as part of its Wills Month campaign. "Don't leave your family questions when you had the opportunity to leave them answers."
To have your will reviewed or drafted at no cost this September, contact Hammond Pole Attorneys. ENDS.
About Hammond Pole Attorneys
Hammond Pole Attorneys is a full-service South African law firm established in 1981. With offices in Boksburg, Alberton, Fourways and Pretoria, the firm provides legal services across litigation, debt recovery and debt review, property and conveyancing, family law, commercial and contractual law, and wills and deceased estates. Hammond Pole combines specialist legal expertise with technology-driven legal processes and is a multiple winner of the Best Law Firm category in the Best of Ekurhuleni Readers’ Choice Awards. The firm is proudly Level 2 B-BBEE compliant and operates under its longstanding commitment: Serious About Service.
For more information:
Samantha Hogg-Brandjes | GinjaNinja | samantha@ginjaninja.co.za | +27-84-458-4857