The Biggest Estate Planning Mistake Parents Make (It's Not Skipping the Will)

Having a child is one of the biggest triggers for finally writing a will — parents who put it off for years suddenly feel the urgency. But rushing through it creates its own problem: most parent wills name beneficiaries and then stop, missing the two clauses that actually determine what happens to their children.

Mistake 1: No Guardian Named (Or the Wrong One)

If both parents die and no legal guardian is named in a will, the High Court decides who raises your children — not a family conversation you had once at a braai, not what you assumed your sister would do. The court process takes time, can involve competing family members, and the outcome may not match what either parent actually wanted.

Naming a guardian in your will is simple: state their full name and ID number, and — just as importantly — name an alternate in case your first choice can't serve. Have the conversation with the person first. An unwilling guardian can decline, sending the decision back to the court anyway.

Mistake 2: Leaving Money Directly to a Minor Child

Here's the part that surprises most parents: if you leave money or assets directly to a child under 18, and there's no trust structure in place, that inheritance doesn't go to whoever is raising them day-to-day. It goes into the Guardian's Fund, a government-administered fund that holds the money until the child turns 18.

The Guardian's Fund is notoriously slow to release money — even for legitimate expenses like school fees, medical bills, or a sports uniform. Whoever raises your child after you may be covering these costs out of pocket for years while your child's own inheritance sits, technically theirs but practically inaccessible.

The Fix: A Testamentary Trust

A testamentary trust is created inside your will and only comes into effect on your death. Instead of a child's inheritance going to the Guardian's Fund, it's held by trustees you appoint — typically the guardian, or a trusted family member alongside them — who can use the funds for the child's maintenance, education, and wellbeing as needed, without waiting on a government fund.

You control the terms: trustees can be instructed to release the balance to the child at 18, 21, or in stages (a portion at 21, the rest at 25, for example) — useful if you'd rather your child not inherit a lump sum the moment they're legally an adult.

Mistake 3: Not Updating After the Next Child

A will that names "my daughter Amahle" as sole beneficiary doesn't automatically include a second child born later, unless it also has a clause covering children generally (e.g., "in equal shares among my children"). Every new child is a reason to revisit your will — see our guide on how often you should update your will.

What to Get Right, In Order

1. Name a guardian, and an alternate
2. Set up a testamentary trust for any inheritance going to minor children
3. Choose trustees you trust to manage money responsibly on your children's behalf
4. Decide the age(s) at which your children receive full control
5. Revisit all of the above every time your family changes

Get the Whole Picture Right, Free

A will that only names beneficiaries but skips the guardian clause and trust structure protects your assets but not your children's day-to-day reality. Create your will online — free, and make sure both pieces are covered — not just the one that's easiest to think about.