The rightful heirs or beneficiaries are determined first by any valid will and, to the extent that the estate is not validly disposed of by a will, by the Intestate Succession Act 81 of 1987.

Where a valid will applies, the executor must give effect to its terms subject to the law, the estate’s liabilities and any legally enforceable claims that rank before distribution. South African law generally recognises freedom of testation, but this is subject to limitations, including qualifying maintenance claims.

If the deceased dies intestate, the Intestate Succession Act determines who inherits. A surviving spouse can inherit, descendants can inherit according to the statutory per stirpes and representation rules, and where there is both a spouse and descendants the spouse is generally entitled to the greater of a child’s share or the amount fixed by the Minister, currently R250,000, subject to the detailed statutory rules.

Since 3 April 2024, the Act expressly provides that “spouse” for these purposes includes a partner in a permanent life partnership in which the partners undertook reciprocal duties of support. Whether a particular relationship qualifies is fact-sensitive.

Not all death benefits are distributed as part of the deceased estate. For example, many retirement fund death benefits are governed by section 37C of the Pension Funds Act, and some life policy proceeds are paid directly to nominated beneficiaries. These benefits should not be confused with the assets that the executor distributes under the will or intestate succession rules.

See also: What happens to a deceased estate without a will? | Who does the estate go to after death?

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.