When someone passes away without leaving a will, they are said to have died INTESTATE.

In such cases, South African law dictates how the deceased’s estate will be distributed among the surviving family members.

The surviving family can’t just decide who gets what. These rules MUST be followed.

Let’s break down the process and understand who inherits what in various scenarios.

What Does Intestate Mean?

Dying intestate simply means that the deceased did not leave a Will, or in the alternative, left an invalid will.

Without a will, the estate must be distributed according to the Intestate Succession Act, 81 of 1987. This Act outlines a specific order of inheritance to ensure that the deceased’s assets are fairly distributed among their next of kin.

The Order of Inheritance

  1. Spouse and Descendants
    1. If the deceased was married and had children, the spouse inherits a child’s share or R250,000 (whichever is greater), and the remainder is divided equally among the children.
  1. Married without Children
    1. If there are no children, the spouse inherits the entire estate.
  1. Children Only
    1. If the deceased had children but no spouse, the estate is divided equally among the children.
  1. Parents
    1. Both Parents Alive: If the deceased had no spouse or children, the estate is divided equally between the parents.
    2. One Parent Alive: If only one parent is alive, that parent inherits the entire estate.
  1. Siblings
    1. If the deceased had no spouse, children, or surviving parents, the estate is divided equally among the siblings.
  1. Extended Family
    1. If there are no immediate family members (spouse, children, parents, or siblings), the estate is distributed among more distant relatives, such as grandparents, aunts, uncles, and cousins, following the same principle of equal shares.

Conclusion

Understanding who inherits what when someone dies intestate is crucial for managing expectations and ensuring a smooth distribution process. The Intestate Succession Act provides a clear hierarchy to follow, ensuring that the deceased’s assets are distributed fairly among their surviving relatives.

To avoid any confusion or disputes, it’s always a good idea to have a valid will in place. This way, you can ensure that your assets are distributed according to your wishes and not left to the default rules of intestate succession.

If you have any questions or need assistance with estate planning or intestate succession, feel free to contact our office. We’re here to help you navigate these complex legal processes with ease.

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