Why Every Firearm Owner Needs a Will

Approximately 70% of South African adults do not have a valid will. For firearm owners, dying intestate can mean the permanent loss of a valuable collection that took decades to build.

What Happens to Your Firearms Without a Will

When a firearm owner dies without a will, the estate is distributed according to the Intestate Succession Act (No. 81 of 1987). For most assets, this is merely inconvenient. For firearms, it is potentially catastrophic.

The Firearms Control Act requires that every person in possession of a firearm holds a valid licence. When the original licence holder dies, no other person is legally entitled to possess those firearms unless they hold their own licence or obtain one through the succession process.

In practice, this means the executor must identify all firearms, surrender them to the SAPS, and beneficiaries who wish to inherit must apply for their own licences. If no beneficiary is eligible, the firearms must be surrendered for destruction.

The Timeline Problem

The licence application process can take 6 to 18 months. During this period, the firearms sit in police custody, where storage conditions are often poor. Firearms have been known to be damaged, lost, or even stolen while in police custody during estate administration.

How a Will Solves the Problem

A properly drafted will should include:

• A schedule of all firearms with serial numbers, makes, and models
• Named beneficiaries for each firearm or group of firearms
• Alternative beneficiaries in case the primary beneficiary cannot accept
• Instructions for the executor on temporary safekeeping during administration
• A provision for the disposal of firearms that cannot be lawfully transferred

Free Will Drafting Through Capital Legacy

Through our partnership with Capital Legacy, every Acorn Brokers client receives a free, professionally drafted will that includes specific provisions for firearms succession.