25/11/2025
Things You Should Not Put in Your Will:
A will is one of the most important documents you’ll ever put in place — but I often see people include things that don’t belong there at all. This usually causes confusion, delays, or even unnecessary arguments among family members.
Here are the 10 items that should not appear in your will, according to South African law and what I regularly deal with in practice:
1. Funeral instructions
While your preferences for burial or cremation are important, your will is not the place for them. Typically, wills are only read after the funeral, meaning your final wishes regarding your funeral arrangements will likely be discovered too late. Instead, communicate these instructions clearly and separately to your family, executor, or funeral home ahead of time
2. Assets that are already in a trust
Once an asset is moved into a trust, it’s no longer legally yours. Trustees manage it according to the trust deed. Putting it in your will just causes confusion.
3. Life policies with beneficiaries
If you’ve nominated beneficiaries, the policy pays directly to them,not through your estate. Mentioning it again in your will can create conflict, especially if the names differ.
4.Retirement fund benefits:
Similarly, your pension, provident, preservation, or retirement annuity fund benefits should never be included in your will. The trustees of these retirement funds have the legal responsibility to identify and allocate benefits to dependants and nominees according to Section 37C of the Pension Funds Act. Including these in your will could confuse matters and is likely to have no legal bearing.
5. Assets in a marriage in community of property
If you’re married COP, only half of the joint estate is yours to leave to someone. People often try to bequeath the entire asset, which simply isn’t legally possible.
6. Unreasonable or unlawful conditions
Things like “you only inherit if you marry/divorce/change religion/whatever” will almost certainly be ignored by the courts. Anything against public policy or basic rights won’t stand.
7. Digital assets covered by service agreements
Social media accounts, email accounts, cloud storage, and crypto wallets all have their own rules. A will usually can’t override these. Rather use the platform’s “legacy” tools or leave separate instructions.
8. Anything illegal or impossible to carry out
If the instruction breaks the law or can’t realistically be done, it simply won’t be honoured — and can delay the estate unnecessarily.
9. Pet care instructions with no money attached (This we get all the time)
Naming someone to look after your pets is good, but you must also leave money for their care. Otherwise you’re leaving someone with a responsibility they might not be able to afford.
10. Personal complaints, explanations, or family drama
A will is a legal document, not a place to settle scores. Including emotional statements usually just fuels conflict and slows down the process. If you want to explain something, do it separately and privately.
Questions clients ask me all the time:
“Should I mention my life insurance in my will?”
No — if you already nominated beneficiaries, the policy pays directly.
“What about digital accounts and crypto?”
Handle those separately. Platforms each have their own process.
“Can I exclude someone from my will?”
Yes, but it must be done properly.
“Do I need to update my will after big life changes?”
Definitely. New children, marriage, divorce, buying property — all of these require updates.
Final thought:
A will must be clear, legal, and easy for your executor to carry out. Leaving out the wrong things is just as important as putting in the right ones.
If you want me to go through your current will or help you get one in place, send me a message — Or email [email protected]
