Common Questions About Dying Without a Will: What You Need to Know

Dying without a will can create uncertainty and unintended consequences for your loved ones. Without a clear plan in place, the Intestate Succession Act dictates how your estate will be distributed, which might not align with your wishes, especially if you have minor children or dependents with special needs. Understanding the basics of what happens if you pass away without a will is essential to protect your family and assets.

Common Questions About Dying Without a Will: What You Need to Know

1. If you are survived by a spouse but not by a child, then your spouse shall inherit the entire estate.
2. If you are survived by a child or children but not by a spouse, then your children will inherit the estate in equal shares. Children includes adopted children.
3. If you are survived by a spouse and by children, then the spouse will inherit a child’s share of the intestate estate, or so much of the intestate estate as to not exceed the amount of 250,000 rand, whichever is the greater. The children will inherit the residue, if any.
4. If you are not survived by a spouse or by children, but you are survived by both your parents, then your parents will inherit your estate in equal shares.
5. If you are survived by one of your parents, then the surviving parent will inherit one half of your intestate estate, and the descendants of the deceased parent (i.e., your siblings) will inherit the other half. If there are no descendants of the deceased parent, then the whole estate will go to the surviving parent.
6. If no close relatives can be found, then ultimately your estate will go to your nearest blood relatives that can be tracked down.

It is never a good idea to die without a will and leave matters to the Intestate Succession Act. Contact us for expert assistance with your will and let us help you protect your family and honour your wishes.