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Onah Attorneys Inc • Johannesburg
Wills Drafting Attorneys – A Will That Actually Works
More than 70% of South Africans die without a valid will — and their families inherit a slower, costlier, State-directed process instead of their wishes. We draft wills that are valid, unambiguous and tax-aware: correct execution formalities, guardianship for your children, testamentary trusts for minor heirs, and structures that keep your estate liquid enough to actually pay what it must.
Call 011 042 8039Free Case AssessmentWhen you need wills drafting attorneys
No will at all — first-time drafting
Outdated wills after marriage, divorce or births
Appointing guardians for minor children
Testamentary trusts so minors don’t inherit via the Guardian’s Fund
Blended families and maintaining fairness between households
Business owners — shares, buy-and-sell arrangements and key-man cover
Offshore assets requiring worldwide or situs wills
Living wills and advance healthcare directives
How we handle your matter
Estate snapshot
We map your assets, liabilities, policies, marriage regime and family structure — the will must fit the estate, not a template.
Structuring advice
We advise on guardianship, trusts for minors, usufructs, estate duty and liquidity so the will works in practice, not just on paper.
Drafting
We draft in plain, precise language: no ambiguity, no home-made clauses that spawn litigation.
Execution
We supervise signing with two competent witnesses under the Wills Act formalities — where most DIY wills fatally fail.
Safekeeping & review
We store the original safely, give you certified copies, and recommend review at every marriage, divorce, birth and major asset change.
Fees — transparent, agreed upfront
A professionally drafted individual or mirror will is a modest fixed fee — often waived where we are appointed executor. Complex estates with trusts and offshore elements are quoted upfront.
Key legislation:
- Wills Act 7 of 1953
- Intestate Succession Act 81 of 1987
- Maintenance of Surviving Spouses Act 27 of 1990
Frequently asked questions
What makes a will valid in South Africa?
It must be in writing, signed at the end by the testator, and signed by two competent witnesses present at the same time. Witnesses (and their spouses) must not be beneficiaries, or they risk forfeiting their inheritance.
What happens if I die without a will?
The Intestate Succession Act decides: spouse and children in fixed shares, then parents and siblings. No guardianship nomination, no trust for minors — their inheritance goes to the state-run Guardian’s Fund until 18.
Does marriage or divorce cancel my will?
Marriage does not. Divorce gives a 3-month window in which a bequest to the ex-spouse lapses — after 3 months, if you haven’t amended the will, your ex inherits as written. Update immediately.
Can I disinherit my spouse or children?
South Africa has freedom of testation, but a surviving spouse may claim maintenance under the Maintenance of Surviving Spouses Act and minor children always retain maintenance claims against the estate.
Why put my children’s inheritance in a testamentary trust?
Without one, a minor’s inheritance is paid into the Guardian’s Fund — bureaucratic and slow. A trust keeps the money managed by trustees you chose, on terms you set, until ages you decide.
Where should I keep my will?
The signed original with your attorney or bank, with certified copies at home. The Master requires the original — a missing original triggers a costly court application to accept a copy.
Speak to an Attorney Today
Get straight answers about wills drafting attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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