Address by The Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development, at the closing event of National Wills Week 2025, held at Ikhwezi Lokusa School, Mthatha
Molweni nonke.
Ndibulisa bonke abakhoyo.
Mna, ndiyahlonipha kakhulu imbongi uSEK Mqhayi.
Andifuni ukumhlazisa ngokuthetha isiXhosa.
Programme Director, the leadership of King Sabata Dalindyebo Local Municipality, representatives of the Law Society of South Africa, the Legal Practice Council, Legal Aid South Africa, the South African Women Lawyers Association, all legal practitioners present, residents of Mthatha, distinguished guests and colleagues,
The Preamble to our Constitution is a living declaration of our journey as a nation and our commitment to justice, equality and unity.
Before we begin our formal proceedings, may I kindly ask that all of us rise, in body or in spirit, to recite the Preamble to the Constitution of the Republic of South Africa.
“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
Ndiyabulela.
An overview of National Wills Week
As we gather here today to mark the closing of National Wills Week, I want to begin by acknowledging the extraordinary effort, compassion and commitment that has defined this initiative.
What we’ve accomplished together over the past week is more than a campaign – it has been a movement toward dignity, empowerment and justice for all South Africans.
Let us be clear: this week was not about legal jargon or technicalities.
It was about people. It was about families.
It was about ensuring that every South African has the opportunity to make their final wishes known, respected, and legally protected.
National Wills Week is an annual campaign run by the Department of Justice and Constitutional Development in collaboration with our partners - the Law Society of South Africa, the Legal Practice Council, Legal Aid South Africa, the South African Women Lawyers Association (SAWLA), ProBono.org and other participating legal practitioners.
The campaign started on Monday and during this week participating attorneys from across the country have offered to draft basic wills for free.
The attorneys draft the wills at no cost, they explain their importance, give clients copies, and may not require being appointed as the executors.
The campaign has helped many people ensure that their wishes are followed after death.
It has raised awareness about why valid wills are important and encouraged people to either create or update their wills.
We have removed barriers so that more people – people who may not be able to afford the cost of legal services or who do not know about the importance of having a will, can now have wills drafted.
We have also built lasting partnerships with the legal profession through public service.
How many South Africans have wills?
Despite the simplicity and importance of having a will, the reality we face is sobering.
According to figures given to us from the Master's Office and legal advocacy groups, it is estimated that between 70% and 80% of South Africans die without a valid will.
That means 7 to 8 out of every 10 people leave this world without having formally documented how their assets should be distributed after their death, who should care for their children, or how their legacy should be preserved.
Every year, tens of thousands of families are left in limbo. This means children who are caught in custody battles.
Surviving spouses face legal hurdles. Siblings and relatives find themselves in conflict.
And the law - rather than the deceased person - decides how the person’s estate is divided.
What is a will?
In South Africa, a will is a formal written document in which a person, referred to as the testator, sets out their final wishes regarding the distribution of their assets after their death. A valid will allows the testator to determine, amongst others, things such –
- who should inherit from their estate,
- which assets particular individuals or entities should receive (whether it be money, property, or personal belongings),
- how assets are to be dealt with, for example, whether certain property must be sold and the proceeds distributed,
- who should administer the estate, by nominating an executor (or, in cases where the Master of the High Court appoints one, a Master’s representative).
Equally important is that the will must be validly executed. That is why we have legal practitioners to assist the public with this.
It means that the will must meet all formal requirements under the Wills Act, such as being in writing, signed by the testator, and witnessed by competent witnesses.
Only once these conditions are met, then the will is binding and enforceable.
The risk of dying intestate
A valid will makes sure your wishes are carried out after your death.
With a will, you can decide who inherits your assets, you can appoint a guardian for your children, you can protect your dependants and avoid family disputes and delays.
When a person dies without a will, the law of intestate succession applies.
This follows a strict formula that doesn’t account for personal relationships, family dynamics, or individual wishes.
It doesn’t matter whether someone was estranged from a relative, whether they wanted to leave something to a specific friend, or whether their partner was a life companion but the parties were not legally married.
Spouses could be denied inheritance due to customary or unregistered marriages or family homes lost due to unclear ownership.
You could end up leaving everything you own to a person whom you haven’t spoken to in years.
Partners or stepchildren could be left out and it can lead to family conflict and disputes.
Importantly, it also means having no say in who raises your minor children if you should pass away, as there may be no guardian appointed to care for your minor children.
Changing the conversation around wills
Having a will is a necessity. Every person deserves dignity and security and having a valid will ensures that your wishes regarding your deceased estate are respected.
It is an important part of protecting families, promoting justice, and empowering people, yet there are many common misconceptions about wills.
We often hear some people say: “I don’t need a will if I don’t have many assets.”
Many people assume that wills are only necessary for the wealthy. In reality, even modest estates (like having a car, furniture, or savings) can cause disputes if not clearly allocated. A will helps avoid family conflict and ensures assets are distributed according to your wishes.
Many people think that a handwritten note is enough. While a will can be handwritten, it is not automatically valid.
The Wills Act sets out strict requirements - it must be in writing, signed by the testator, and witnessed by two competent witnesses. If not, the will may be invalid.
We also sometimes hear people say that their spouse or children will automatically inherit everything anyway.
But, as I’ve mentioned, if someone dies without a valid will, the estate is distributed according to the law of intestate succession.
This may result in unintended heirs, such as extended relatives, inheriting alongside or instead of the spouse or children.
Some people will also say: “Once I write my will, it never needs updating.”
But we all know that life changes – life events such as marriage, divorce, the birth of children or acquiring new assets often require updates to a will.
Outdated wills may no longer reflect true wishes or may leave out new beneficiaries.
It is also important to know that a person who signs as a witness may lose their right to inherit under that will. It’s essential to choose neutral witnesses who are not beneficiaries.
There is a common misunderstanding that a will covers everything, including retirement funds and life policies.
But retirement funds and some insurance policies are governed by separate rules and beneficiary nominations, and not the will. If not aligned, the outcome may differ from what the testator intended.
Some people also fear that if they write a will, they will die sooner, or even that their spouse may harm them to inherit. This is not true.
Writing a will does not cause death; it simply prepares and protects your family for the future, just like taking funeral cover or insurance.
In fact, our law is clear: if anyone causes your death, they cannot inherit from you. In Afrikaans we say: “Die bloedige hand mag nie erf nie!” (The bloody hand may not inherent!)
So, having a will is not a danger; it is an act of love, care, and responsibility to make sure your loved ones are taken care of when the time comes.
What we achieved this week
Wills Week helps to change these misconceptions and give our communities the correct information. During this week thousands of people received free, professionally drafted wills.
Legal practitioners across the country opened their doors to the public and the 16 Masters’ Offices throughout the country provided guidance and support.
Community radio stations, newspapers, and local leaders helped us to spread the word. Through workshops and outreach events we highlighted the importance of estate planning.
We replaced fear with facts.
We reached people in cities, townships and rural villages. We met people where they are - because justice must be accessible, not exclusive.
The impact of Wills Week
The impact of this week will ripple far beyond today.
Every will drafted is a family protected. Every person reached is a step towards a more just and prepared society.
We’ve planted seeds of awareness. Now we must nurture them.
Our vision is bold but necessary: a South Africa where every adult understands the importance of a valid will - where families are protected, disputes are avoided and dignity is preserved.
By partnering with the legal profession and through attorneys offering their services for free, we reinforced trust in both the justice system and the legal profession as being in service of the public.
We must continue to reach communities by partnering with civil society, faith-based groups and schools so that more people can have access to legal support.
So as we close this week, let us carry forward the message that everyone should have a valid will. Planning ahead protects your loved ones, secures your legacy and prevents unnecessary disputes after your passing.
Let us never forget that justice begins not in courts and courtroom, but in the choices we make today.
Thank you to every attorney, every official, every partner and every person who made this week a success.
Your dedication has made a difference.
Your service has brought hope. And your actions have helped rewrite the future of many.
I thank you.
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