Update Your Will After Divorce in South Africa: The 90-Day Rule You Can't Ignore

If you die within three months of your divorce, your ex-spouse gets nothing — the law handles it. If you die on day 91 without updating your will, your ex-spouse inherits exactly what you left them in your pre-divorce will.

That's Section 2B of the Wills Act 7 of 1953, and most people learn about it too late.

How the 90-Day Grace Period Works

Section 2B creates a temporary safety net. For the first 90 calendar days after your divorce decree is granted, any existing will is read as if your former spouse died before you. Bequests to them are effectively cancelled. If your ex-spouse was your sole heir, the estate passes to your remaining heirs under the rules of intestate succession.

This grace period exists because the legislature acknowledged that people need time to sort out their affairs after a divorce. It's automatic — you don't need to file anything.

But the protection expires on day 91. From that point, the law presumes you've had sufficient time to update your will and chose not to. Your pre-divorce will regains full force, including every bequest to your former spouse.

The Western Cape High Court confirmed this principle in J W v Williams-Ashman NO, where the court applied Section 2B after a former spouse died within the three-month window.

What You Actually Need to Do

Don't rely on the grace period. Draft a new will as soon as possible after the divorce decree is granted.

Draft a completely new will. Don't try to amend the old one with a codicil — a new will that explicitly revokes all prior wills is cleaner and reduces the risk of conflicting instructions.

Name new beneficiaries. Decide who receives your assets now: children, parents, siblings, a trust. If you have minor children, appoint a guardian in the will.

Appoint a new executor. If your ex-spouse was your executor, replace them. You can name a trusted family member, a friend, or a professional fiduciary (bank trust department or independent trust company).

Sign with two witnesses present. South African law requires your signature and the signatures of two competent witnesses who are present at the same time and who are not beneficiaries under the will.

Update Beneficiary Nominations Separately

Your will doesn't control everything. Life insurance policies and pension fund benefits are distributed through separate nomination forms:

Life insurance: Insurance companies are contractually bound to pay the person named on the policy. If your ex-spouse is still the named beneficiary, the insurer will pay them regardless of what your new will says. Contact your insurer and submit a new beneficiary nomination form.

Pension fund benefits: Pension fund trustees use beneficiary nomination forms as guidelines but aren't strictly bound by them — the board distributes benefits to financial dependants under Section 37C of the Pension Funds Act. Still, update the form to reflect your current wishes and avoid delays in distribution.

Retirement annuities: These work like life insurance — the nominated beneficiary receives the payout. Update the form directly with the fund.

Cost and Timeline

Having a new will drafted by an attorney or fiduciary typically costs between R1,000 and R5,000, depending on complexity. Bank trust departments often draft wills at no charge if you appoint them as executor (they earn fees from administering the estate later).

Beneficiary nomination updates are free and take effect within 24 to 48 hours once the insurer or fund receives the form.

Execution of the will itself is immediate — it's valid the moment you and both witnesses sign.

The Mistake That Costs the Most

The single most expensive post-divorce oversight is leaving your will unchanged past the 90-day window. If you die on day 100 with a will that names your ex-spouse as sole beneficiary, your children — or whoever you actually intended to inherit — will have to challenge the will in court. That's a contested estate administration that can cost tens of thousands of Rands in legal fees and take years to resolve.

Spend the R1,000 to R5,000 now. It's the cheapest insurance you'll buy this year.

The South Africa After-Divorce Checklist includes a complete estate planning section with the exact beneficiary update sequence for life insurance, pension funds, and retirement annuities.

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