Learn how South African law handles your estate under the Intestate Succession Act if you pass away without a will.
Intestate Succession
Drafting a will is often overlooked, but it’s one of the most crucial legal tasks for protecting your family and assets. In South Africa, if you pass away without a valid will, your estate is distributed according to the Intestate Succession Act (Act 81 of 1987). This law outlines who inherits your property and how assets are divided. If no legal heirs are found, the government may eventually claim your estate.
Understanding Intestate Succession in South Africa
Dying without a will means your estate is “intestate,” and the law determines who inherits your property. The Intestate Succession Act prioritizes beneficiaries in the following order:
- Spouse or civil partner
- Children (biological or adopted)
- Parents (if no spouse or children exist)
- Siblings (if parents are deceased)
- Extended family (e.g., nephews, nieces, cousins)
If you are married in community of property, your spouse automatically owns half of the joint estate. The remaining half is divided according to the Act.
How Are Your Assets Distributed?
The division of your estate depends on your marital and family status:
- Married with children: The spouse and children share the estate. A minimum of R250,000 goes to the spouse before the remainder is divided equally.
- Unmarried with children: The children inherit everything equally.
- Married without children: The spouse inherits everything.
- No spouse or children: The estate passes to parents or, if deceased, to siblings or extended family.
Note: The law does not recognize unmarried partners, meaning they may receive nothing unless specifically provided for in a will.
What If You Have No Legal Heirs?
If no relatives can inherit, your estate is transferred to the Guardians’ Fund, managed by the Master of the High Court. This fund holds unclaimed inheritances for up to 30 years. If no valid heir comes forward within that period, the government claims the estate.
The Role of the Master of the High Court
Without a will, the Master of the High Court appoints an executor to manage your estate. Their duties include:
✔ Collecting and valuing assets
✔ Settling outstanding debts and taxes
✔ Distributing the estate to rightful heirs
Executors must strictly follow the Intestate Succession Act and cannot distribute assets based on verbal agreements or family wishes.
Why Having a Will Matters
Dying intestate can lead to unintended consequences:
❌ Your estate may go to distant relatives rather than loved ones
❌ Unmarried partners get nothing
❌ Delays in inheritance distribution due to legal formalities
❌ Potential family disputes over assets
A valid will ensures your property is distributed according to your wishes, prevents legal complications, and protects vulnerable dependents.
How to Avoid Intestate Succession
✅ Draft a will – Use a lawyer, financial institution, or legal service.
✅ Update your will regularly – Life events like marriage, divorce, or having children should prompt updates.
✅ Inform your family – Let loved ones know where your will is kept.
✅ Nominate an executor – Choose a trustworthy person to carry out your wishes.
Final Thoughts
Without a will, your estate is subject to rigid legal distribution, which may not align with your wishes. Protect your legacy and your loved ones by drafting a will today.
Also read: Salary Increase You Need to Keep Your Head Above Water Due to 2025 Tax Changes in South Africa
