Because one can do virtually whatever one wishes with one’s property when one dies by making a will. If one does not make a will one’s property could end up in the “wrong hands” as it will be distributed according to the strict procedural rules of the Inheritance Law. A will enables one to have more control of what happens to one’s property after one dies and balance the needs of the people one wishes to inherit and make priorities and conditions. A will gives the testator peace of mind about the fate of his/her property after he/she passes away.

A classic example of someone who would benefit from making a will is a widow/widower or divorcee entering a live-in relationship or new marriage who wants to leave money for their children and grandchildren as well as taking care of their new partner. A property relations agreement would also be recommended here.

Elderly couples often make mutual wills which enable the surviving spouse to be catered for upon the death of either of them and provide for their children/grandchildren too.

A married person who is unsettled in their marriage or who mistrusts their partner and is perhaps contemplating divorce at some stage may prefer to make a will leaving their property to their children (perhaps under a managed trust) rather than having it divided between their spouse and children if they die intestate (without making a will).

An elderly person who wants to help an adult child financially but is worried about becoming dependent/vulnerable, can use a will to make a conditional bequest, perhaps in conjunction with a cancellable written undertaking to make a gift.