What is the Cost of Making a Will with a Lawyer in South Africa?

The cost of making a will with a lawyer in South Africa is most commonly quoted as a fixed fee for a standard single will, with the price scaling up for more complex estates — those involving business interests, cross-border assets, blended families, or testamentary trusts. A simple lawyer-drafted will for an individual with straightforward South African assets typically falls within a few thousand rand (excluding VAT), while a comprehensive estate plan covering a will, an enduring power of attorney, and an advance healthcare directive is quoted higher because the scope is wider. Final fees depend on the attorney’s fee structure, the complexity of the estate, and the inclusion of related documents, and the firm will quote per file after a short eligibility conversation.

What Determines the Cost of a Lawyer-Drafted Will

Five variables drive what you will be quoted. They apply to every firm in South Africa, not just one:

• Fee structure. Most South African law firms quote a fixed fee for a standard single will, with hourly rates reserved for unusually complex matters or estate restructures.
• Number of documents included. A single will is the baseline; adding an enduring power of attorney, an advance healthcare directive, or a testamentary trust adds to the scope and the cost.
• Complexity of the estate. Business interests, multiple properties, offshore assets, blended families, or minors with structured inheritance all raise the scope.
• The attorney’s fee structure. Fixed quotes, hourly rates, and “estate plan packages” each produce different pricing — the same firm may offer more than one.
• VAT. Legal fees in South Africa attract value-added tax at the standard rate, which is added on top of the quoted fee and should be confirmed in writing.

Typical Fee Structures Used by South African Law Firms

Fee model	When it is used	What the fee typically covers
Fixed-fee single will	An individual with a simple estate	Drafting consultation, the draft will, one round of revisions, and the signing meeting
Fixed-fee estate plan package	A will plus an enduring power of attorney and an advance healthcare directive	The combined fee is usually slightly lower than the sum of the three documents quoted separately
Hourly rate	Complex matters: estate-plan restructure, business succession, or a will with a testamentary trust for minor beneficiaries	Time-based billing against an agreed scope
Capped or hybrid fee	Unusually involved estate plans	A fixed fee up to a defined scope, with hourly rates applying once the scope is exceeded

What a Standard Will-Drafting Service Usually Includes

1. An initial consultation to confirm the estate, the beneficiaries, the executor, and any specific bequests.
2. Drafting of the will, often reviewed by the client in a follow-up call before the signing meeting.
3. The signing meeting, where the will is executed in the presence of two competent witnesses — the Wills Act 7 of 1953 requires this for the will to be valid.
4. Lodgement of the original will with the attorney’s safe custody, or with the Master of the High Court, depending on the client’s preference.
5. One round of revisions, typically defined in the engagement letter.

What Adds to the Cost

Each of the following pushes the fee higher than a standard single will quote, because the drafting work expands materially:

• Adding an enduring power of attorney or an advance healthcare directive as part of a full estate plan.
• Drafting a testamentary trust for minor or vulnerable beneficiaries, which requires a more detailed trust clause and additional signing formalities.
• Restructuring an existing estate plan after a life event — marriage, divorce, the birth of a child, the acquisition of a business, or a property purchase.
• Cross-border or offshore assets, which require attention to the inheritance or succession law of the other jurisdiction.
• Blended-family arrangements, including the formal exclusion of a spouse or a specific bequest structure.

Why a Lawyer-Drafted Will Costs More Than a Free or Template Will

A free or low-cost will service typically provides a template and a signing process, without personalised advice on the structure of the estate or the legal language used. A lawyer-drafted will is tailored to the client’s specific family, business, and asset situation, which is where most invalid or contested wills actually fail.

Lawyer-drafted wills carry the attorney’s professional accountability for the document’s correctness, which is meaningful given that a defective will can be set aside after death. For estates with anything beyond the most basic structure — a house, a vehicle, a bank account — the cost of a competency failure in a DIY will is normally far higher than the saving on the drafting fee.

What to Look for When Choosing a Wills-and-Estates Attorney

Selection criterion	What it actually checks
Direct experience with the size and shape of your estate	A small flat in Cape Town and a multi-property business estate are not the same brief
Clear fee quote in writing	Broken down by document and scope, with VAT stated separately
Defined revision round and signing-meeting format	So the engagement is not open-ended
Safe custody of the original will	Or an explicit option to lodge it with the Master of the High Court
Plain-English explanations	A willingness to talk through the estate plan without dense legal jargon

Burger Huyser Attorneys’ wills-and-estates practice is built around exactly this profile — fixed-fee single wills and estate-plan packages with VAT quoted separately, safe custody of the original at no annual charge, and a written engagement letter that defines the revision round and signing-meeting format up front.

The Formal Validity Requirements the Fee Buys

The Wills Act 7 of 1953 sets the formal requirements for a valid will in South Africa. The testator must be 16 or older, the will must be in writing, it must be signed by the testator in the presence of two competent witnesses, and those witnesses must sign in the testator’s presence. A failure on any of these formalities can render the will void, which is why a lawyer-drafted will is reviewed against these requirements before the signing meeting.

The Administration of Estates Act 66 of 1965 governs the reporting and winding-up of the estate after death, including the appointment of the executor named in the will. The Master of the High Court is the formal registration point for the will and for the appointment of the executor once the estate is reported. Burger Huyser’s head office in Linden, Randburg, is the practical national intake point for this work, and the same service is available across all eight Gauteng branches.

Practical Considerations: Timeline, What to Bring, and What to Ask

Practical point	What to expect or do
Timeline for a simple will	Two to three weeks from the first consultation, including a short cooling-off period for the client to review the draft
Bring to the first consultation	ID, a list of assets and liabilities, the names of the proposed executor and beneficiaries, and any existing will or estate document being replaced
Ask the firm up front	The fee structure, the VAT treatment, the revision round, the safe-custody arrangement, and the firm’s experience with estates of similar size and shape

Frequently Asked Questions

How much does a simple will cost with a lawyer in South Africa?

A simple single will drafted by a lawyer typically falls within a few thousand rand excluding VAT, though the exact figure depends on the firm and the jurisdiction. Burger Huyser Attorneys quotes on a per-file basis after the initial consultation at the head office in Linden, Randburg, and provides a written fee breakdown before any engagement is confirmed.

Is the cost of a will a once-off fee, or are there ongoing charges?

The drafting fee is once-off for the document itself. If the client later amends the will after a life event — marriage, divorce, the birth of a child, the acquisition of a property — the amendment is treated as a new drafting instruction and is quoted separately. Burger Huyser Attorneys does not charge an annual custody fee for the safe keeping of the original will.

Does a lawyer-drafted will include a power of attorney?

Not as a default. A power of attorney — specifically an enduring power of attorney for finances and an advance healthcare directive for medical decisions — is a separate document governed by different legislation, and is usually quoted as part of an estate plan package. Clients who want a full estate plan should ask the firm to quote the will, the enduring power of attorney, and the advance healthcare directive together.

Why is a lawyer-drafted will more expensive than a free will service?

A free will service typically provides a standard template and a signing process, without personalised advice on the structure of the estate or the legal language used. A lawyer-drafted will is tailored to the client’s specific family, business, and asset situation, and carries the attorney’s professional accountability for the document’s correctness. For most estates with anything beyond the most basic structure, the cost of a competency failure in a DIY will is normally far higher than the saving on the drafting fee.

How long does it take to have a will drafted by a lawyer?

A simple will is typically finalised within two to three weeks of the first consultation, including a short period for the client to review the draft before the signing meeting. More complex estates — those involving business interests, cross-border assets, or a testamentary trust — take longer because the drafting itself is more involved.

Where should the original will be kept?

The original will can be held in the attorney’s safe custody or lodged with the Master of the High Court. Most South African testators keep the original with their attorney for ease of access after death, and lodge a copy register with the Master. The Master of the High Court is the central register, but it does not retain the original document for the testator.

Need a written quote for a will, an estate plan package, or an amendment to an existing will? Contact Burger Huyser Attorneys’ head office at 011 888 0246 (after-hours 061 516 6878) or visit the firm at 49 First Avenue, Linden, Randburg, 2194. The wills-and-estates practice handles drafting, safe custody of the original, and the related estate-administration work that follows — including deceased estate reporting and executor support. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work across all eight Gauteng branches.