Drafting of Will Midrand

Burger Huyser Attorneys drafts Wills from its Midrand branch at Waterfall Crescent South, Waterfall Office Park, Bekker Road, Vorna Valley, Midrand, 1686 (Tel 010 022 4082), with files handled through the firm’s Wills & Estates practice under the Wills Act 7 of 1953 and the Administration of Estates Act 66 of 1965. The service covers a full first interview to gather marital-regime, beneficiary, and asset information; drafting of the Will with revocation, executor, bequest, residuary, and (where applicable) guardian clauses; a signing ceremony in front of two neutral competent witnesses; advice on safekeeping with the Master of the High Court in Pretoria versus bank or home custody; and review after major life events. Indicative attorney-drafted Will fees in South Africa range from R1,500 for a simple Will to R8,000+ for complex estates involving testamentary trusts, business interests, or foreign assets.

Why Engage a Midrand Attorney to Draft Your Will

A Will that fails a Wills Act formality is treated as if no Will exists. The estate then devolves under the Intestate Succession Act 81 of 1987, which may not reflect the testator’s wishes — particularly in blended families, second marriages, or where a long-term life partner is not a legally recognised spouse.

The Wills Act 7 of 1953 sets strict requirements: a written document, the testator signing the last page in the presence of two competent witnesses (both 14 years or older and not beneficiaries or their spouses under section 4A), and every preceding page initialed by the testator. A single missing signature can invalidate a clause or the entire Will.

Estate duty under the Estate Duty Act 45 of 1955, read with current SARS thresholds, affects how bequests should be structured. The spousal deduction, the primary abatement, and a testamentary trust for minor beneficiaries all change the duty outcome in ways a DIY template does not show.

A Midrand attorney with cross-border and family-law context can flag issues a template misses: marital regime implications (in community of property, out of community with accrual, or out of community without accrual), blended-family maintenance obligations, foreign-domiciled assets, and business succession where the testator holds a member’s interest in a close corporation or a shareholding in a private company.

Burger Huyser drafts Wills as part of a broader practice that includes deceased estate administration, trusts, and family law, so the same attorney who drafts the Will can administer the estate when the time comes — a continuity that a standalone Will-drafting service cannot offer.

What the Wills-Drafting Service Covers

The scope of engagement runs from first consultation through to lodgement and periodic review.

Stage	What the attorney does
First consultation at the Midrand branch	Confirm instructions; take down personal details, marital regime, beneficiaries, executor nominations, and guardian nominations for minor children.
Information gathering checklist	Testator ID, marriage certificate or antenuptial contract, divorce decree (if any), full names and ID numbers of all beneficiaries and the proposed executor, asset and liability schedule (immovable property, vehicles, bank accounts, investments, life policies, business interests, retirement fund nominations), and guardian consent for minors.
Drafting of the Will	Identification clause; revocation of prior Wills and codicils; executor nomination with or without security; specific legacies; residuary clause; substitution clauses; guardian clause (if minor children); testamentary trust clause (if a beneficiary is a minor or a person with special needs); and the signature and witness attestation block.
Signing ceremony	Two neutral competent witnesses are arranged; the attorney supervises execution of every-page signatures and witness signatures, and records each witness’s full name, ID number, and address.
Custody advice and lodgement	Option to lodge the original with the Master of the High Court in Pretoria (free of charge), with a bank or trust company, or in a fireproof safe at home. The executor is given a certified copy and the storage location is noted in writing.
Codicil drafting	Single-clause amendments to an existing Will, executed with the same Wills Act formalities.
Will review	Typically every 3–5 years, or immediately after a life event (marriage, divorce, birth, adoption, asset acquisition or disposal, or death of a beneficiary or executor).

Wills Act 7 of 1953: What Makes a Will Valid in South Africa

The Wills Act has governed Wills in South Africa since 1 January 1954. The Department of Justice and Constitutional Development sets out the formal requirements on its Master of the High Court page.

• All persons 16 years and older who are of sound mind may make a Will.
• The Will must be in writing (handwritten, typed, or printed) — oral Wills have no legal effect.
• The testator must sign the last page in the presence of two or more competent witnesses, both present at the same time.
• The witnesses must sign the last page in the presence of the testator and of each other.
• If the Will has more than one page, each preceding page must be signed or initialed by the testator; the witnesses only sign the last page.
• Witnesses must be 14 years or older and competent to give evidence in a court of law.
• Under section 4A, a witness who is also a beneficiary — or the spouse of a beneficiary — is disqualified from receiving any benefit unless a court confirms the Will. This is the single most common DIY Will failure.
• A Commissioner of Oaths must certify the Will if the testator cannot sign and another person signs on their behalf or by mark (thumbprint or cross).

Legal Aid South Africa’s plain-language explainer confirms the same rules and adds that, if the testator cannot read the Will, it must be read aloud to the testator in the presence of the witnesses before signature.

Choosing and Recording the Executor

An executor is the person or institution who administers the deceased estate — collecting assets, paying debts, and distributing the residue to beneficiaries. The testator may nominate any competent person, including a family member, or an attorney, chartered accountant, or trust company.

Where the estate is large, the Master of the High Court may require the executor to provide a security bond to the full value of the estate. Most lay nominees cannot provide this without professional help, which is one of the practical reasons testators in Midrand nominate the same firm that drafts the Will.

The prescribed executor’s fee under the Administration of Estates Act 66 of 1965 is 3.5% of the gross value of the assets. The testator may specify a different fee in the Will, provided the nominated executor agrees. Multiple executors may be appointed to act simultaneously, and it is sensible to nominate an alternate in case the first-choice executor predeceases the testator or is unwilling to act.

Common Pitfalls When Drafting a Will

Pitfall	How an attorney prevents it
A beneficiary or their spouse signs as a witness — section 4A of the Wills Act voids the bequest unless a court confirms.	The attorney arranges two neutral witnesses with no interest in the estate (neighbours, colleagues, or community members).
Vague beneficiary descriptions (“my children,” “my eldest”) create disputes in blended families.	The Will is drafted with full names, ID numbers, and relationships stated expressly.
Failure to revoke prior Wills explicitly — an earlier Will can partially or fully survive.	The new Will opens with a revocation clause covering all prior Wills and codicils.
Missing signatures or initials on every page — even one unsigned page can be challenged.	The attorney attends the signing ceremony and checks compliance before the witnesses leave.
Forgetting to update after divorce — a bequest to a divorced spouse is deemed revoked if the testator dies within three months of the divorce, then revives if the Will is not amended.	The attorney flags this at the consultation and recommends prompt amendment after divorce.
Storing the original only at home, where it can be lost or destroyed in a fire or flood.	The attorney advises on lodgement with the Master of the High Court in Pretoria or another secure custody option.
Ignoring estate duty exposure on large absolute bequests to non-spouse beneficiaries.	A tax-aware review forms part of the service where the estate is near the SARS threshold, with optional use of a testamentary trust or life-insurance cession.

Practical Considerations: Cost, Timeline, What to Bring

Cost

Indicative Will-drafting ranges across South Africa:

Option	Typical fee range
DIY plus printing	R0–R500
Online Will service	R150–R1,500
Attorney-drafted Will	R1,500–R8,000+ (varies by complexity and location)
Optional professional review of a DIY Will	R800–R3,500

Burger Huyser quotes per file after the first consultation at the Midrand branch and gives a transparent cost conversation up front, consistent with the firm’s plain-spoken approach to fees.

Signing timeline

Drafting typically takes 1–7 days after the first consultation. The signing ceremony itself takes 10–30 minutes and is booked at the Midrand branch at a time when both witnesses can attend.

What to bring to the first consultation

• ID document
• Marriage certificate or antenuptial contract (if applicable)
• Divorce decree (if applicable)
• Full names and ID numbers of all beneficiaries and the proposed executor
• Asset and liability schedule
• Existing Will or codicil (if amending)
• Guardian’s written consent (if nominating a guardian for minor children)
• SARS tax reference number

After the Will is signed

Store the original securely, give the executor a certified copy, note the storage location in writing, and review the Will after every material life event or every 3–5 years even if nothing has changed. The Midrand branch sends a courtesy reminder as review dates approach.

Reporting a Midrand Deceased Estate to the Pretoria Master’s Office

Midrand falls under the Pretoria seat of the Master of the High Court. The Midrand Magistrate’s Court on Ashlea Road handles criminal and civil matters in the local magisterial district but does not administer deceased estates — that work belongs to the Master. The reporting executor lodges the original Will (or the Master’s directive where the original cannot be lodged), the death notice, the next-of-kin affidavit, the inventory, and supporting documents at the Master’s office in Pretoria before Letters of Executorship are issued. The Liquidation and Distribution Account is also filed at the Pretoria Master’s office once the estate has been administered, in line with the Administration of Estates Act 66 of 1965.

Burger Huyser Attorneys’ Midrand branch is easily reached off the N1 highway at the Waterfall Office Park off Bekker Road in Vorna Valley, and is open Monday to Friday from 7:30am to 4:30pm, with an after-hours line on 077 274 1932 for urgent Wills-and-estates instructions. The firm is a member of the Johannesburg Attorneys Association, the Pretoria Attorneys Association, and the Gauteng Family Law Forum, which is the right referral network for cross-border family-law issues that affect a Will.

Frequently Asked Questions

How much does it cost to draft a will in Midrand?

Indicative attorney-drafted Will fees in South Africa range from R1,500 for a simple Will to R8,000+ for complex estates involving testamentary trusts, business interests, or foreign assets. Burger Huyser Attorneys quotes on a per-file basis after the first consultation at the Midrand branch (010 022 4082); the firm gives a transparent cost conversation up front, with no surprise charges.

Where is the Burger Huyser Midrand branch, and what are the hours?

Waterfall Crescent South, Waterfall Office Park, Bekker Road, Vorna Valley, Midrand, 1686. Tel 010 022 4082. Mobile 064 555 3358. After-hours 077 274 1932. Open Monday to Friday, 7:30am to 4:30pm.

Can I draft my own will in South Africa?

Yes — the Wills Act 7 of 1953 permits any person 16 years or older and of sound mind to draft their own Will, provided it complies with the strict formalities (in writing, signed on every page, two neutral competent witnesses). However, common DIY failures include using a beneficiary as a witness (section 4A voids the bequest), missing page signatures, vague beneficiary descriptions, and ignoring estate duty exposure. A short professional review of a DIY Will typically costs R800–R3,500.

What is the difference between testate and intestate?

Testate means the deceased left a valid Will; intestate means no valid Will was left, in which case the estate devolves under the Intestate Succession Act 81 of 1987, which may not match the deceased’s wishes — especially in blended families or where a life partner is not a legally recognised spouse.

Do I need to update my will after divorce?

Yes. Under the Wills Act, a bequest to a divorced spouse is deemed revoked if the testator dies within three months of the divorce, but the deemed revocation falls away if the Will is not amended within that period — after which the divorced spouse would inherit as the Will still directs. Burger Huyser recommends updating the Will promptly after divorce (and again after any major life event), rather than relying on the three-month deemed revocation.

Where are deceased estates from Midrand reported?

Midrand falls under the Pretoria seat of the Master of the High Court. The reporting executor must lodge the original Will (or the Master’s directive where the original cannot be lodged), the death notice, the next-of-kin affidavit, the inventory, and other supporting documents at the Master’s office in Pretoria before Letters of Executorship can be issued. Burger Huyser handles this reporting as part of its deceased estate administration service.

To draft a Will at Burger Huyser Attorneys’ Midrand branch, call 010 022 4082 (mobile 064 555 3358, after-hours 077 274 1932) or visit the office at Waterfall Crescent South, Waterfall Office Park, Bekker Road, Vorna Valley, Midrand, 1686. The first consultation covers instructions, marital regime, beneficiaries, executor nominations, and (where applicable) guardian nominations for minor children — bring your ID, marriage certificate or antenuptial contract, full names and ID numbers of all beneficiaries and the proposed executor, and a list of your major assets and liabilities. The firm drafts the Will, attends the signing ceremony with two neutral witnesses, and advises on lodging the original with the Master of the High Court in Pretoria. Burger Huyser Attorneys carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).