7 MYTHS ABOUT WILLS-AND WHAT THE LAW THE LAW ACTUALLY ALLOWS
A Will is one of the most important financial documents you will ever sign but it doesn’t override the law. Many South Africans misunderstand what a Will can legally do, which can expose families to delays, disputes and unintended outcomes.
At FNB Fiduciary, these misconceptions often surface when families are already navigating loss which is why expert guidance and long‑term oversight can make a meaningful difference to outcomes.
“A Will is a powerful legal document, but it does not exist in a vacuum,” says Carin Meyer, Product Head: Wills and Deceased Banking at FNB Fiduciary. “Understanding what the law allows and what it restricts is key to ensuring your loved ones are protected and your wishes can be carried out.”
Here are seven common myths and where the law draws the line:
- You can leave assets to anyone
Freedom of testation allows you to choose who inherits your estate and in what proportions but it’s not absolute. Conditions must comply with legislation and public policy. For example, leaving assets or money to a terrorist organisation will not be allowed or requesting a beneficiary to change their surname to inherit, will not be legally enforceable. [contra bonos mores]
- A Will only distributes assets
A Will can also protect your family by allowing you to appoint an Executor to administer your estate, nominate guardians for minor children and create testamentary trusts to safeguard assets for dependants who can’t yet manage their finances.
- You can exclude minor children
Minor children cannot be fully disinherited from financial maintenance. Even if excluded, the estate may still be legally required to provide for them.
“One of the most common misconceptions is that a Will can be used to completely exclude dependants. The law places strong protections around minor children, regardless of what the Will states,” says Meyer.
In practice, professional trust and estate management plays a critical role in ensuring funds intended for children are preserved, invested responsibly, and applied solely towards their long‑term wellbeing.
- Your Will decides your retirement benefits
Retirement benefits fall outside your estate and are distributed by trustees under the Pension Funds Act.
- You can set any condition
Conditional inheritances are allowed, but they must be lawful, reasonable and aligned with public policy. A condition that will be considered unreasonable will be to require your heir to marry a certain person of a specific race or religion or to divorce his or her spouse before they can receive their inheritance.
- Your Will ensures your burial wishes are followed
Funeral and burial instructions in a Will aren’t legally binding and are often read too late after arrangements have already been made.
- Your Will is final you never need to change it
A Will must be kept current. Life changes such as marriage, divorce, children, or asset changes can affect its validity and relevance.
“A Will should be reviewed regularly and shouldn’t be viewed in isolation,” says Meyer. “Understanding which assets fall outside your estate and keeping beneficiary nominations current are just as important as the Will itself.”
Five signs your Will is on the right track
- Updated after major life changes
- Beneficiary nominations aligned
- Minor children provided for
- Retirement fund beneficiaries reviewed
- Key wishes shared with family
Beyond drafting Wills, FNB Fiduciary supports families through the ongoing administration of estates and trusts helping guardians navigate complexity, managing assets over time, and providing continuity during emotionally and financially challenging periods.
A Will only works when it aligns with the law and your broader estate plan. FNB Fiduciary offers Will drafting, estate planning, and executor services, supported by experienced trust and estate specialists who work with families over time to help protect what matters most.
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