A person who dies without a valid will dies intestate, either for the whole estate or for any part that was not validly disposed of by a will. The intestate estate is distributed under the Intestate Succession Act 81 of 1987 rather than according to informal family wishes.

In broad terms, if the deceased is survived by a spouse but no descendants, the spouse inherits the intestate estate. If there are descendants but no spouse, the descendants inherit under the statutory rules, including per stirpes division and representation where applicable. If there is both a spouse and descendants, the spouse receives the greater of a child’s share or the amount fixed by the Minister, with the balance passing to the descendants under the Act. The amount currently fixed is R250,000, but it can be changed by ministerial notice and should be checked against current official guidance.

Since 3 April 2024, section 1 of the Intestate Succession Act expressly includes within the meaning of “spouse” a partner in a permanent life partnership in which the partners undertook reciprocal duties of support. Whether a particular relationship qualifies depends on the facts and may require supporting evidence.

If there is no qualifying spouse or descendant, the estate passes through the further statutory order of succession, including parents, descendants of parents and ultimately other blood relatives as provided in the Act. Stepchildren do not inherit automatically merely because of the stepparent relationship, while adopted children are dealt with under the applicable statutory rules.

Where no executor has been nominated in a valid will, interested heirs may nominate someone, but the Master of the High Court makes the appointment under the Administration of Estates Act. Intestacy can therefore create uncertainty about both who inherits and who should administer the estate.

A valid will remains the clearest way to record whom you want to benefit, how you want the estate distributed and whom you would like the Master to appoint to administer it.

See also: What are the disadvantages of having a will in South Africa? | What are the requirements of a valid will?

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.