Sixty-six percent of South Africans do not have wills, and this shortfall cuts across ages, income levels, and demographic groups.
This is according to Sanlam Legacy’s 2025 Survey on South Africans and Wills, which found that although most people recognise the importance of estate planning, far fewer act on that knowledge.
The study was conducted among South Africans from all provinces, mainly in suburban and urban areas. Overall, 66% of respondents were women, 55% were black South Africans, and their ages ranged from 18 to 65. Personal incomes varied from less than R10 000 to more than R30 000 per month.
Seventy percent of respondents said having a will is worthwhile – even those with assets valued under R50 000. Yet only 34% had actually drafted a will. The figure has dropped from 39% in 2024, suggesting a backward slide.
Barriers to action
The survey shows that the biggest barrier to drafting a will is the perception that one needs significant assets. Forty-three percent of participants said they did not think they had enough to warrant drafting a will.
Thirty percent cited unemployment, while 27% pointed to inertia – the ongoing postponement of a task perceived as difficult.
Dr Mavis Mazhura, a behavioural science specialist who contributed to the research, says the reluctance to write a will is often linked to people not wanting to face death, also called the mortality salience.
She says older people are even more resistant to talk about death.
“The youngsters talk about death, but closing the gap between intention to have a will and actually having one needs to be addressed.”
She adds that delay is common.
“People say: ‘Next month,’ and then they keep on treating it as a floating goal.”
Yet, sometimes painful experiences push people into action. “Like when a family member dies intestate – that emotional impact could lead you to take action.”
Turning points
The survey identified several life events that prompt South Africans to draft wills. Forty-one percent of respondents did so after experiencing the consequences of someone dying intestate, 38% after having a child, and 31% after a family member’s death.
Other prompts include conversations with financial advisors (25%), marriage (23%), and buying property (19%).
Cost also plays a role. Fifty-eight percent of respondents said access to free or low-cost services would encourage them to draft wills.
A recurring theme in the study is the belief that wills are only necessary for the wealthy. “We often hear people ask what amount of assets they need to have to warrant having a will,” says Mazhura.
She points out that wills also deal with practical matters. “Who do you love? Who do you want to open your phone and close your social media accounts?”
So, it’s not only about assets but also about administrative issues, she says. “For example, if there’s money left in a deceased’s account – it might take years to get the money out, and by then it may have devalued.”
Patterns often repeat across generations. The survey showed that 58% of people with wills had one or both parents with wills. Among those without, 42% said neither parent had one.
“If your father or grandfather didn’t have a will, there’s also a chance you won’t have one. Because we are social learners, we engage in mimicry – learning by seeing what others are doing,” says Mazhura.
Legalese
The way wills are perceived culturally adds to the resistance. In African communities, Mazhura said the elders would negotiate who would take what.
Many people also see a will as a legal document that they do not want to engage with, as they find it complicated and scary, says Mazhura.
Trust in the system also shapes behaviour, with legal processes still linked to exclusion, delays and mistrust. To shift perceptions, wills must be reframed as a cultural rite of passage, not just a legal formality.
If there’s no will …
Intestate cases – where the deceased had no will – can take years to conclude, Sanlam points out in the study. In South Africa, when someone dies without a valid will, their estate is distributed according to the Intestate Succession Act of 1987.
This means the government enforces a strict formula that dictates who inherits, regardless of the deceased’s personal wishes.
Typically, assets go first to the spouse and children. If there are no children, the surviving spouse inherits everything. If there is no spouse, the estate passes to parents, siblings, or, failing that, to more distant relatives in a legally prescribed order. Only if no relatives can be traced does the estate revert to the state.
The process is often time-consuming and costly. Without a will naming an executor, the Master of the High Court must appoint one, which can cause delays. Families may also face disputes, particularly where informal arrangements existed. – moneyweb.co.za
