A new Sanlam Legacy 2025 Survey has revealed that 66% of South Africans do not have wills.
According to the survey, most people are only prompted to draft a will after life-changing or emotional experiences, as 41% of respondents said they acted after witnessing the consequences of someone dying without a will, 38% after having a child, and 31% after experiencing a family death.
“These aren’t just statistics — they are real-life turning points. The decision to draft a will is often sparked by emotional experiences that highlight the importance of protecting loved ones,” the survey said.
While 70% of South Africans agree that a will is worthwhile even for assets under R50,000, many still believe wills are only for the wealthy.
Others cite limited access, lack of knowledge or simple inertia as barriers with the most common reasons for not having a will including:
- Believing they don’t have enough assets (43%);
- Being unemployed (30%);
- Procrastination or inertia (27%);
- Not knowing how to draft a will (15%);
- Feeling too young (9%).
The survey highlighted a need to close the “parent gap”.
“While most parents provide for their children through life insurance (49%) and funeral cover (54%), only 33% have wills. Without a will, these other measures may fall short of safeguarding children’s futures — particularly when it comes to appointing guardians or ring-fencing funds,” the survey said.
The consequences of dying intestate were widely acknowledged among respondents. 60% said family tension was the biggest risk, 56% pointed to long delays in winding up estates and 42% cited complex legal processes.
Senior legal adviser at Sanlam Trust David Thomson said: “Without a will, assets meant for your children could end up in the Guardian’s Fund — not lost but difficult to access. This often creates delays and hardship, especially in families with children from different parents or generations. Dying intestate means your estate is automatically divided, which can even force the family home to be sold.”
The risks are not just theoretical as a recent case reported by Sowetan highlights the real-world impact of dying without clear instructions.
After the death of former deputy president David Mabuza, his family has been embroiled in a dispute over his R44m pension benefits.
The legal battle has split family members and reignited public debate on inheritance disputes underscoring how the absence of a well-structured will can leave loved ones in turmoil even when significant assets are at stake.
Sanlam’s survey also showed that generational exposure mattered. Where parents or grandparents had wills, younger generations were significantly more likely to draft their own.
Executive manager of Sanlam Legacy Amrith Bishoon said changing mindsets was critical.
“Many don’t realise that wills cover much more than money and assets. They record wishes for guardianship of children, can help reduce taxes, and provide clarity at a time when families need it most. The narrative must shift from ‘a will protects your wealth’ to ‘a will protects your children’ — no matter what you own,” said Bishoon.
Behavioural science specialist Dr Mavis Mazhura said: “We are not irrational, we are human; if there is no perceived urgency, we delay action. Writing a will can feel like emotional heavy lifting — an uncomfortable cold start that many avoid, putting it off indefinitely. By embedding will-drafting into life events such as buying a home, getting married, or having children, we can make it part of everyday planning.”
The survey also found that South Africans would be more likely to draft a will if:
- services were free or low-cost (58%);
- step-by-step guidance was available (49%);
- trusted financial advice was accessible (46%).
CEO of Sanlam Trust adv Sankie Morata said personal stories often drove action.
“To nudge more people towards drafting wills, we need to be authentic and real. Asking questions like: ‘Who will care for your special needs child if you pass away?’ or ‘How can you prevent a home being sold to fund addictions?’ These scenarios may be uncomfortable, but they highlight why a bulletproof financial plan is essential,” he said.
The release of the survey coincides with National Wills Week which is running from September 15 to 19 where members of the public can draft wills for free through participating legal practitioners nationwide.
Sanlam Legacy said making will-drafting simple, affordable and accessible is the key to moving more South Africans from intention to action.
“By helping families protect what matters most, we can ensure they leave lasting legacies of love,” the survey said.
TimesLIVE
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