South African law gives a person broad freedom of testation, so there is no general rule requiring a will to leave a particular percentage of the estate to specified family members. A testator can ordinarily decide who should inherit and in what proportions.
That freedom is subject to certain legal claims. Under the Maintenance of Surviving Spouses Act 27 of 1990, as amended, a qualifying surviving spouse or qualifying partner in a permanent life partnership involving reciprocal duties of support may have a maintenance claim if the statutory requirements are met. Children and other people to whom the deceased owed an enforceable duty of support may also have maintenance claims in appropriate circumstances.
A properly planned will should take these obligations into account while also dealing with the people the testator wants to benefit. It should usually deal with the residue of the estate, nominate an executor, address minor beneficiaries and consider whether a testamentary trust or guardian nomination is appropriate.
A child’s ability to inherit is not reduced because the child was born outside marriage. Adopted children are dealt with under the statutory interpretation rules in the Wills Act.
See also: Who cannot inherit under a will? | What happens when a person dies without a will in South Africa?
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.