What a will does, and what it does not do
By SortMyCover editorial team. Last reviewed . Fact-checked by SortMyCover editorial team on . See our editorial policy.
The will and estate service SortMyCover books is provided by Capital Legacy Solutions (Pty) Ltd, an authorised financial services provider (FSP 43826). SortMyCover does not draft wills and gives no advice. It puts you in touch with a Capital Legacy consultant.
A will records who inherits, who acts as executor and, for parents, who would look after minor children. Without a valid will, the law of intestate succession decides who inherits. A will gives instructions but no cash: estate costs and debts are paid before heirs inherit. This is information, not advice.
A will is a short document with a big job. This page sets out what it can do, what happens without one, and what it cannot do by itself. The facts come from what Capital Legacy, the will provider SortMyCover introduces people to, publishes about wills.
What can a will record?
Capital Legacy describes a will as the document that records a person's last wishes. It can name:
- who inherits what, the heirs;
- the executor, the person or firm who deals with the estate after death;
- a guardian for minor children;
- a testamentary trust, such as a trust for children, and the trustees who run it.
The guardian and the children's trust have their own page: guardians and children's trusts.
What happens if there is no valid will?
A person who dies without a valid will dies intestate. Capital Legacy explains that the law of intestate succession then decides who inherits, not the person who died. The law sets the order. It does not know about a promise made to a friend, a wish about a particular item, or a preference about who runs the estate.
Is a will only for people with a lot of assets?
No. Capital Legacy says a will matters however little or much a person owns. An estate is more than a house or investments. A bank account, a retail account or a phone contract is part of an estate too, and someone has to deal with each of them.
What can a will not do on its own?
A will gives instructions. It does not give the estate any cash. Capital Legacy points out that estate costs, debts and taxes are paid before the heirs inherit. If the estate has little cash, those costs still have to be met from somewhere.
Capital Legacy describes life cover as one way to give an estate cash, which it calls liquidity. Whether that suits a particular family is a question for an authorised adviser, not for this page. Estate costs and a will explains the costs in more detail.
Does a will stay right forever?
A will reflects one moment. Marriage, divorce, a new child or a new property can change what a person wants it to say. Capital Legacy says it does not charge to update a will it drafted, and that updates can be made as often as they are wanted.
Where does SortMyCover fit in?
SortMyCover does not draft wills and gives no advice. It books a call with a Capital Legacy consultant, who talks you through the will and drafts it. What happens at the will appointment describes that call, and where a will is kept covers what happens to the signed original.
Sources
- Wills, Capital Legacy. Page seen October 2026. Used for: What a will can name and record; What happens without a valid will.
- FAQs, Capital Legacy. Page seen October 2026. Used for: Small estates and everyday accounts.
- Why your will means nothing without adequate life cover, Capital Legacy. Page seen October 2026. Used for: A will gives instructions, not cash.