When spouses are married out of community of property with accrual, death triggers an accrual calculation. Under section 3 of the Matrimonial Property Act 88 of 1984, the spouse with the smaller accrual, or that spouse’s deceased estate, may claim half the difference from the other spouse or estate.
Accrual broadly measures the growth in each spouse’s net estate during marriage, allowing for inflation-adjusted commencement values and applicable exclusions under the antenuptial contract and legislation.
The claim may therefore be an asset or liability of the deceased estate and must be considered before inheritance is distributed. Where wealth is tied up in property or a business, payment may create liquidity difficulties.
The surviving spouse and executor should review the antenuptial contract, valuations and available liquidity. Under section 10 of the Act, a court may defer satisfaction of an accrual claim on appropriate conditions.
See also: Who can claim against a deceased estate? | What happens to my shares or business interest when I die?
Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.