10 Things You Should Never Include in Your Will: A Guide for South Africans in 2026

Your will is one of the most important documents you will ever sign. But what many people do not realise is that including the wrong things can be just as damaging as leaving them out entirely. Inappropriate provisions, outdated instructions, or legally unenforceable bequests can lead to confusion, costly delays, and painful disputes among the very people you are trying to protect.

If you have ever sat down to draft or update your will, you have probably focused on what to put in. That is only half the picture. Knowing what to leave out is equally critical to ensuring your estate is wound up smoothly and your wishes are honoured without complications.

In this post, we walk through ten items that should never appear in your will, and explain what to do instead.

Why Does It Matter What You Exclude from Your Will?

A will is a legal document governed by South African succession law. When it contains provisions that conflict with other legal structures, such as trusts, retirement funds, or insurance policies, it creates uncertainty. That uncertainty can delay the administration of your estate, trigger disputes among beneficiaries, and even lead to costly litigation.

The goal is clarity. A clean, well-drafted will makes your executor's job simpler and gives your loved ones a smooth, undisputed transition during an already difficult time.

What Should You Never Include in Your Will?

1. Funeral instructions

This is one of the most common mistakes. Your preferences for burial or cremation are important, but your will is not the right place for them. In most cases, a will is only read after the funeral has already taken place, which means your wishes will be discovered too late.

Instead, communicate your funeral instructions clearly and separately to your family, executor, or funeral home well ahead of time. A simple letter of wishes kept with your important documents is far more effective.

2. Assets already held in a trust

Once an asset has been transferred into a trust, it no longer forms part of your personal estate. The trust owns it, and the appointed trustees manage it according to the trust deed. You cannot bequeath something that is not legally yours.

Attempting to include trust-held assets in your will creates confusion and has no legal effect. If you have a trust, make sure your will and your trust deed work together, not against each other.

3. Life insurance policies with nominated beneficiaries

If you have nominated beneficiaries on your life insurance policies, those proceeds pay directly to the named individuals. They bypass your estate entirely. Under South African law, the nomination on the policy takes precedence.

Including these policies in your will can cause real problems, especially if the beneficiaries named in your will differ from those officially nominated on the policy. Keep your policy nominations up to date and separate from your will.

4. Retirement fund benefits

Your pension, provident, preservation, or retirement annuity fund benefits should never appear in your will. The trustees of these funds have a legal obligation under Section 37C of the Pension Funds Act to identify and allocate benefits to your dependants and nominees. This process operates independently of your will.

Including retirement fund benefits in your will is likely to have no legal bearing and could confuse the administration of both your estate and your fund benefits. Instead, ensure your beneficiary nomination forms with your retirement fund are current and accurate.

5. Jointly held assets in a community of property marriage

If you are married in community of property, only 50% of the joint estate belongs to you. Attempting to bequeath assets that fall within the other half can lead to disputes and potential litigation.

When the first spouse passes away in a community of property marriage, the entire joint estate is wound up. The surviving spouse is entitled to half of the net estate. Your will should account for this legal reality clearly and accurately.

6. Conditional inheritances that are unlawful or unreasonable

You may want to attach conditions to an inheritance, but be careful. South African courts will disregard conditions that are impractical, unlawful, or against public policy. Requiring a beneficiary to marry a specific person, divorce their spouse, or follow a particular religion or political affiliation are all examples of conditions the courts are likely to declare invalid.

Conditions that restrict basic freedoms will not stand up to legal scrutiny. If you want to include conditions in your will, consult a professional to ensure they are both enforceable and fair.

7. Digital assets governed by separate service agreements

Online accounts, social media profiles, cryptocurrency wallets, and cloud-stored data typically operate under terms of service agreements that outline what happens when the account holder passes away. These agreements exist outside the framework of your will.

Including specific instructions for digital assets in your will could prove ineffective or create confusion. A better approach is to prepare a separate digital asset wish list for your executor, detailing your accounts, access credentials, and your preferences for each.

8. Illegal or unenforceable bequests

Any bequest that involves illegal activities, contravenes South African law, or is impossible to fulfil will not be honoured. This includes leaving prohibited items or instructing your executor or heirs to carry out unlawful actions.

These provisions are not just void. They can also invalidate other parts of your will or complicate the entire administration process.

9. Instructions to care for pets without financial provision

Your pets are beloved family members, but simply instructing someone to care for them without providing the funds to do so is not enough. The caretaker has no legal obligation to accept responsibility, and without dedicated funding, the arrangement is unlikely to succeed.

If you want to provide for a pet in your will, name a specific person to inherit the animal and include a financial provision to cover the ongoing costs of care, including food, veterinary bills, and other expenses.

10. Personal grievances or family disputes

Your will should remain a clear, objective legal document. It is not the place to air grievances, settle scores, or explain why you have made certain decisions about specific family members.

Including personal complaints or detailed justifications can inflame tensions, trigger disputes, and result in delays or litigation. If there are specific reasons for excluding someone from your will, consult a fiduciary specialist about the appropriate way to document this separately, outside the will itself.

The Bottom Line

Your will is a powerful tool for protecting the people you love. But its effectiveness depends as much on what you leave out as on what you put in. A clean, legally sound will that works in harmony with your trusts, insurance policies, retirement funds, and other structures gives your family the greatest gift of all: a smooth and undisputed transition during a difficult time.

We invite you to make us part of your financial journey, in good times and challenging ones, and every life-changing event in between.

Reach out to us anytime, whether for a quick call or a sit-down meeting, in person or online. We are always here for you.