Find out exactly who inherits when someone dies without a valid Will in South Africa.
Understanding the Intestate Succession Act (Act 81 of 1987)
When a person dies without leaving a valid Last Will and Testament, their estate is distributed according to strict statutory rules, regardless of what the deceased may have verbally promised. The core rules are:
- Spouse only: The surviving spouse inherits the entire estate.
- Descendants only: The children split the estate equally. If a child is predeceased, their share passes to their children (the deceased's grandchildren).
- Spouse and Descendants: The surviving spouse inherits a "child's share" or a statutory minimum of R250,000, whichever is the greater amount. The descendants split the remainder equally.
- No Spouse or Descendants: The estate reverts upwards to the parents in equal shares. If one parent is deceased, their share passes to their descendants (the deceased's siblings). If both parents are deceased, the estate is split between the siblings.
Intestate Succession Report
Generated by EstateDuty.co.za | Pursuant to Act 81 of 1987
Total Net Estate Value Available: R 0.00
Surviving Spouses: 0
Surviving Descendants (Children): 0
Statutory Distribution Allocation
Legal Rationale:
⚠️ Warning: Do Not Let a Bank Control an Intestate Estate
Because there is no valid Will, the Master of the High Court must appoint an Executor. Major banks routinely take 18 to 24 months to wind up intestate estates, freezing family accounts and charging the maximum 3.5% fee. You have the right to nominate an independent fiduciary who negotiates lower fees and cuts red tape.
Disclaimer: This report provides a mathematical estimate based on the South African Intestate Succession Act (Act 81 of 1987). It assumes all debts have been paid and the net value is accurate. It does not account for complex scenarios such as predeceased children leaving grandchildren (representation), accrual claims under the Matrimonial Property Act, or maintenance claims of surviving spouses. Consult a fiduciary practitioner to draft the formal Liquidation and Distribution Account.