Higher costs, fewer choices and delays in obtaining assistance could undermine access to justice for ordinary South Africans.
LegalWise adds its voice to calls for changes to the draft Legal Practice Amendment Bill, 2026, warning that proposed restrictions could make everyday legal services more expensive and less accessible for ordinary South Africans.
In its written submission to the Department of Justice and Constitutional Development, LegalWise calls for a balanced approach that protects consumers while preserving affordable and timeous access to justice.
The concerns centre on proposals to reserve the preparation of certain documents, including Wills, property-related agreements and specified business documents, for practising legal practitioners where a fee, commission, gain or reward is involved. Separate provisions would restrict other providers from advertising or making known their willingness to assist with Will drafting and estate administration, even where those services are offered free of charge.
What could this mean for families?
For South Africans already struggling to afford legal help, fewer service options could make assistance even harder to access. Legal expenses insurers and other established providers offer an accessible starting point. Restricting these options could mean additional costs, more referrals and longer waits, potentially putting assistance beyond some people’s reach.
In the 12 months to 30 June 2026 LegalWise drafted in excess of 1700 Wills and currently has over 200 in storage.
The consequences could be particularly significant for people who need a basic Will. If obtaining assistance becomes more expensive or difficult, some may postpone preparing one or attempt to draft it without suitable guidance, increasing the risk of mistakes.
Where someone dies without a valid Will, their estate is distributed according to the rules of intestate succession, which may differ from what they would have wanted. This can add uncertainty and administrative difficulties to the burden on grieving families.
Restrictions on promoting estate administration services could also make it harder for consumers to find and compare suitable providers, narrowing their practical choices when they need support.
Protecting consumers while keeping services accessible
LegalWise supports the objective of protecting the public from unqualified and unscrupulous service providers. Its submission questions whether the proposed restrictions are sufficiently targeted to achieve that objective without excluding competent professionals and established service models.
These include admitted legal practitioners registered as non-practising who work within legal expenses insurers and other organisations. Their registration status does not, in itself, mean they lack legal qualifications, specialist knowledge or relevant experience.
LegalWise’s concern is that reducing the range of available providers could increase costs and place greater pressure on the remaining channels for assistance. Families with limited disposable income would be particularly exposed to these additional barriers.
A call for a more balanced approach
LegalWise recommends a clear exception allowing legal expenses insurers and other legitimate providers that employ admitted non-practising legal practitioners to continue assisting consumers with matters that do not involve court proceedings, including basic Will drafting, subject to appropriate consumer protection safeguards.
Clear requirements for competence, accountability and the scope of services could help protect consumers while preserving access to affordable assistance.
For LegalWise, the test of reform is its practical effect on the people who need legal help. Affordable and timeous access to justice depends on people being able to obtain reliable assistance early enough to protect their rights, resolve problems and plan for their families’ futures.
LegalWise calls for amendments that protect consumers and strengthen affordable, timeous access to justice.
Read LegalWise’s full submission: https://www.legalwise.co.za/storage/documents/legalwise-scorpion-submission-legal-practice-amendment-bill-2026.pdf