Need to know
- Tebatso Moloko of Momentum Trust shares a true story showing how delaying a Wills consultation by just one day led to devastating, irreversible consequences.
- The case study highlights key estate planning mistakes: procrastination, the assumption that there is always more time, and reliance on an outdated Will.
- Estate planning is an urgent and ongoing process: only an up-to-date, executable Will can properly protect loved ones and ensure financial plans work as intended.
In my role as a Fiduciary Business Development Consultant and Wills drafter, I am often invited into people’s lives at critical moments - times when important decisions must be made to protect their families and secure their legacy. Over time, I’ve come to understand that while many people recognise the importance of estate planning, far too many believe there will always be more time.
A recent, deeply personal experience brought this reality into sharp focus. By sharing this story, I hope to shed light on what can go wrong when estate planning is left too late and how you can avoid the same mistakes.
Don’t put off a Wills consultation
The process of drafting an executable Will almost always begins with a personal estate planning consultation. It is during this vital first conversation that we map out a family's unique dynamics, assets, and wishes to ensure nothing is left to chance.
I had arranged a virtual consultation with a married couple who had been referred by their trusted financial adviser. Their schedules were demanding, so we agreed to meet at 18:00 on a Thursday evening - outside of my typical working hours, but a compromise I was more than willing to make in the interest of helping them move forward with their Wills.
When the meeting began, it quickly became clear that they were exhausted after a long day. Rather than rush through such an important process, we mutually agreed to postpone. The wife kindly offered to share their email addresses so I could send them the Microsoft form we use to gather the necessary information. They reassured me that they would complete it at their convenience and reach out if they needed any guidance.
It was a simple, practical solution - one that felt perfectly reasonable at the time.
Don’t assume you always have more time
Drafting a valid Will isn’t something to leave for later; it’s an immediate safety net. It’s easy to believe that there will always be more time to plan around death – next week, next month, next year. But life doesn’t operate according to our schedules, and as this case shows, the difference between protection and exposure can come down to a single consultation the night before.
The following morning, while reviewing my emails, I noticed that the message sent to the wife had bounced back. The husband’s email, however, had gone through successfully. I sent her a quick WhatsApp message to inform her of the issue.
Moments later, my phone rang.
Her voice was trembling. She had just received a call informing her that her husband had been in a serious car accident and was unconscious. In that moment of shock and fear, she expressed something that had stayed with me ever since: deep regret that they had not gone ahead and finalised their Wills the night before.
I did what I could to offer comfort, encouraging her to remain hopeful.
But within half an hour, I received another call - this time from their financial adviser. The news was devastating: the husband had passed away.
Do not wait.
Do not wait for the perfect time, for a quieter week, or for ‘when things settle down’. Those moments are never guaranteed.
Don’t rely on an outdated Will
Estate protection is more than simply buying life cover. Without a valid and up-to-date Will, even the best financial safety nets can become tied up in delays and legal complications during deceased estate administration, stripping away the protection your grieving family needs.
In this case, the couple had estate cover in place. This benefit was specifically designed to provide liquidity upon death - an important safety net intended to support the surviving family during a difficult time. However, it was contingent on the existence of a valid and up-to-date Will.
Unfortunately, the husband’s only Will was outdated. It was held with another provider and had not updated to reflect his current circumstances, wishes, or planning. As a result, his grieving spouse and their adviser were left facing uncertainty around how the estate would be administered and whether the intended financial protections would function as planned.
What had seemed, just 24 hours earlier, like something that could easily be postponed had now become an urgent and irreversible consequence.
Don’t treat Will-drafting as a once-off exercise to tick a box
This experience reinforced the following truths that I now share openly with every client I meet:
A final but urgent message
The lesson from this experience is not complicated, but it is profoundly important:
Do not wait.
Do not wait for the perfect time, for a quieter week, or for ‘when things settle down’. Those moments are never guaranteed. If you already have a Will, ensure that it’s executable and reflects your current reality.
If you do not have one, prioritise putting it in place. Because sometimes, the difference between ‘we’ll do it tomorrow’ and ‘we should have done it yesterday; is something no one can undo.
Start your Estate Plan conversation
Delaying your Will creates immediate risk. A valid, executable Will ensures your wishes are clearly set out and that your estate can cover costs linked to death and administration. Our estate protection plan brings these together into a single, simple solution to help secure your legacy. Speak to a Momentum Consultant to get the Momentum Estate Plan today.
written by
Tebatso Moloko
Fiduciary Business Development Consultant at Momentum Trust
Tebatso is an Admitted Attorney of the High Court of South Africa and a Fiduciary Business Development Consultant at Momentum Trust. He supports Momentum Trust’s fiduciary services, including Will drafting, trust administration and estate administration. Tebatso also trains financial advisers and stakeholders on fiduciary solutions and the Will drafting system, helping clients and professionals navigate estate planning with confidence and expert guidance.