When you pack up your life to head overseas, the to-do list feels endless. You sort out visas, schools, bank accounts, rentals and even which plug points you are going to need. But there is one important document that often slips through the cracks. Your last will and testament in South Africa. Most people think they will get around to it later. The truth is, once you start living and investing across borders, your will deserves attention sooner rather than later. A little planning now can save your loved ones a lot of stress one day.
In this guide we unpack how wills in South Africa work, why one will is not always enough for emigrants and what happens if someone dies without a will. Making out a will is simpler than you think, and it is one of the best gifts you can leave behind.
Top 3 takeaways on cross-border wills for South African expats living abroad
- One will is rarely enough when you own assets in more than one country. Your South African will only covers what you own in South Africa. Anything you own abroad may be ignored, delayed or distributed under foreign law unless you have a local will in that country.
- Without proper cross border planning, your family could face long delays and unnecessary costs. Foreign banks, investment houses and courts will not act until they can confirm who your legal heirs are. That process can take months and sometimes years if your will is not recognised internationally.
- Dying without a will leaves everything up to the law, not your wishes. If you die intestate, both South African and foreign authorities use set formulas to decide who inherits. Having the right wills in place ensures your assets go where you want them to, without confusion or conflict.
Read more: Wills and estate planning for expats – protecting your offshore assets
Why your South African will might not be enough anymore
If you drafted your legal last will and testament years ago, you are not alone. But the moment you start building a life in another country, things change. Every country has its own inheritance laws, its own paperwork and its own idea of what a valid will looks like.
Your will and testament in South Africa focus only on South African law. It does not automatically cover your overseas bank accounts, property or investments. And that can create a few headaches.
Without the right structure, your family could face:
- delays in the administration of deceased estates in South Africa
- extra legal and translation costs
- a will that is valid in South Africa but not in your new country
- local laws deciding who inherits your assets instead of your own wishes
Some countries, especially in Europe, have strict rules about forced heirs. So even if you wrote your will carefully, the law there could still override your decisions.
Why many emigrants choose to have more than one will
If you own assets in more than one country, it is often safest and simplest to have:
- a South African will for your SA assets
- a local will in the country where you now live
This keeps things neat and avoids your family having to navigate two complicated legal systems at once. With separate wills you can make it clear which will apply where, prevent your wills from cancelling each other out and make life easier for executors in both countries.
If you are writing a will in South Africa or updating one after emigrating, it is worth getting expert help. Cross border estate planning is a specialised field and the details matter.
What makes a will valid in South Africa?
South Africa uses the Wills Act of South Africa, which lays out the requirements of a valid will. To have a valid will in South Africa, you must have:
- Your will in writing
- Your signature at the end
- Two witnesses who sign in your presence
- Witnesses who are not beneficiaries
People often ask, “Can you draw up your own will in South Africa?” Yes, you can. But it is surprisingly easy to make small mistakes that cause big delays later. Templates and DIY options work, but only if everything is completed correctly. Once you add foreign assets into the mix, it becomes even more important to get proper guidance when making a will in South Africa.
What happens if you die without a will?
This is the big question. In short, the law decides for you. When someone dies intestate, the Intestate Succession Act kicks in and your South African estate is divided according to a fixed formula.
The result is always the same. You lose control over who should inherit. The court appoints an executor and your assets are divided according to legislation not according to your personal wishes.
For emigrants, things can get even more complicated. Your overseas assets may be frozen until the authorities figure out who your legal heirs are. Meanwhile, your South African estate could get stuck in the deceased estate process South Africa, especially if there is confusion around reporting a deceased estate in South Africa.
If your overseas property has no will attached to it, the transfer of property after death without will in South Africa becomes even more complicated when foreign laws are involved. Families can wait months or even years for access to funds.
What if you do not die but become incapacitated?
Planning is not only about death. Illness, injury or losing the ability to make decisions can create major challenges when you live abroad. A South African power of attorney does not usually work in another country. Just like wills, you may need a separate power of attorney or medical proxy where you live now.
This ensures someone you trust can step in if you ever need help with finances or medical decisions.
Read more: Reasons to consider executing a power of attorney prior to emigrating or travelling.
FAQs for South African expats with cross-border assets
- Do I need a separate will for the country I live in now?
If you own assets in more than one country, yes. A South African will only covers assets located in South Africa. Foreign banks and courts often require a local will that complies with their laws before they can release or transfer assets. - Will my South African will be valid overseas?
Not always. Some countries may accept it; others may reject it or require lengthy authentication. Even where it is accepted, the process can delay the release of your foreign assets. A country-specific will usually speeds things up. - What happens to my South African assets if I die while living abroad?
Your SA estate still goes through the South African deceased estate process. An executor must be appointed, your will must meet the requirements of a valid will, and your heirs may face delays if you do not have clear instructions for cross-border assets. - What happens if I die without a will while living overseas? Both South Africa and your country of residence apply their own intestate succession laws. This can lead to conflicting outcomes, delays, frozen bank accounts and assets being distributed to relatives you may not have chosen.
- Can I just use an online template to create my wills? You can, but it is risky when you own international assets. DIY wills often do not meet the legal standards of multiple jurisdictions and may accidentally revoke each other. Cross-border wills should be drafted or reviewed by a specialist to avoid conflicts and ensure full validity.
How FinGlobal supports South Africans across the world
FinGlobal has helped thousands of South Africans come to grips with the realities of cross border life. Whether you are updating your legal will in South Africa, planning how your assets will be handled globally or simply trying to understand wills and estates in South Africa, we can help you find clarity. We can also assist with retirement annuity withdrawal, cross-border money transfers and more.
FinGlobal’s team of cross-border specialists understand how South African laws interact with international requirements. We help you avoid the pitfalls, minimise the paperwork and make sure your loved ones are protected no matter where in the world you settle.
To find out more about how we can streamline your cross-border financial affairs, leave your contact details below and we’ll be in touch.