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Love without the law. Then you will need a Will

5 truths cohabiting couples can’t ignore about Wills (and why It’s Will-able)

Living together without getting married? You’re not alone, more South African couples are choosing love without the paperwork. But here’s the twist: when it comes to inheritance, the law isn’t nearly as romantic. That’s why Wills Month 2025 is all about flexing the Will to be wise.

Here are 5 truths every cohabiting couple needs to know:

1.    Love ≠ Legal rights 
No matter how long you’ve been together, South African law doesn’t give cohabiting partners the same rights as married couples. If one of you passes away without a valid Will, the other has no automatic right to inherit. Harsh, but true.
The Will to be wise: Don’t leave it to chance, a Will makes your intentions real.

2.    Children get stuck in limbo
Minor children can’t manage their inheritance on their own. And if the surviving partner isn’t legally recognised, they might not even be able to access funds for basics like school fees or healthcare.
Will-able fix: Nominate the PPS Beneficiaries Trust to manage those funds until your kids are old enough. It’s a financial safety net that puts their needs first.

3.    Verbal promises don’t count
“I’ll take care of you” doesn’t hold up in court. Without a valid Will, estates are divided according to the Intestate Succession Act. That means delays, disputes, and loved ones being left out.
The Will to be wise: Write it down. Sign it. Make it official.

4.    Yes, the courts have made progress
In 2021, the Constitutional Court ruled that some life partners may claim inheritance or maintenance. Great! But… it’s not automatic. You’ll still need to prove the relationship, and that’s not something grieving families should have to fight over.
Will-able thinking: A Will saves everyone the stress (and legal bills).

5.    Estate Planning is more than “who gets what”
It’s about clarity, dignity, and making sure the people you love are secure when you’re gone. That includes naming beneficiaries, setting up a Trust if needed, and keeping your estate plan updated as life changes.
The Will to be wise: Regular reviews keep your legacy aligned with your life.

Bottom line:
Living together may be modern love. But securing your legacy? That’s Will-able love.
This Wills Month, give your family peace of mind and your partner the recognition the law won’t automatically provide. With PPS Fiduciary, you can draft a valid Will, set up a Trust, and protect your loved ones with confidence. Because when love meets legacy, it pays to have the Will to be wise.