As the year progresses, it is easy to forget about your will and estate plan and leave a review until the final quarter, when calendars are full and administrative bottlenecks begin to emerge. It is therefore far better to attend to these matters before year-end pressure builds. A will should not be treated as a once-off document, but rather as a living instrument that must keep pace with changes in your assets and family circumstances. A will that was suitable a few years ago may no longer reflect your current position. Marriage, divorce, the birth of children or grandchildren, the death of a nominated executor or beneficiary, the acquisition of new assets, or the introduction of trusts and companies into the estate structure can all affect whether an existing will continues to operate as intended.

If no valid will is in place, the estate will devolve in terms of intestate succession rather than in accordance with the deceased’s personal wishes. It is therefore equally important to ensure that the will has been validly executed. Seemingly minor defects in execution can later lead to disputes, delays, and costly complications in the administration of the estate.

A proper estate plan should also consider whether the client’s estate structure remains appropriate from both a tax and an administrative perspective. Estate duty, capital gains tax, and the various applicable exclusions are all relevant considerations when reviewing wills, trust arrangements, and ownership structures.

The practical benefit of acting early is straightforward: year-end delays are real. By the time the final quarter arrives, everyone is trying to finalise outstanding matters in preparation for year-end. Documents forming part of an estate plan require careful review, proper execution, and alignment with trust or company structures, and should ideally be addressed well before the period of pressure begins.

A pre-year-end estate planning review is therefore a prudent step. It helps ensure that the will remains current, that the estate structure is still fit for purpose, and that loved ones are not left dealing with unnecessary uncertainty, delay, or avoidable tax exposure. In estate planning, early action is seldom regretted; last-minute action often is.

Key signs your will needs review:

• You have married, divorced, or entered a long-term relationship 
• You have had children or grandchildren since your last update 
• A named executor or beneficiary has passed away or changed circumstances 
• You have acquired significant new assets (property, business interests, investments) 
• You have started or restructured a trust or company
• You have not reviewed your will in the past 2–3 years

If you have not reviewed your will or estate structure recently, now is the appropriate time to do so. Taking advice before year-end pressure sets in can help ensure that your affairs remain properly structured, legally sound, and aligned with your personal and financial objectives. Our estate planning team is well placed to assist with the review of wills, trusts, ownership structures, and related succession planning considerations, and to help ensure that your estate plan remains both practical and effective.

Disclaimer: This article is the personal opinion/view of the author(s) and does not necessarily present the views of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken based on this content without further written confirmation by the author(s).