A valid will is essential to ensure that your estate is distributed according to your wishes. In South Africa, if you die without a will, your estate is distributed according to intestate succession rules. This process follows a strict law that may not reflect your personal preferences.
What is intestate succession?
Intestate succession is the legal process applied when someone dies without a valid will. In South Africa, the Intestate Succession Act 81 of 1987 sets out how assets are divided among surviving family members. This structured distribution may not reflect your personal wishes and can be complex and time-consuming, causing unnecessary stress for loved ones.
Who inherits under intestate succession?
- Spouse and children: If you leave behind a spouse and children, the estate is divided between them. The spouse receives either a child's share or a fixed amount (currently R250,000), whichever is greater. The rest is divided equally among the children.
- Only a spouse: If there are no children, the spouse inherits the entire estate.
- Children only: If you leave only children, they inherit in equal portions. If a child has passed away, his or her descendants (your grandchildren) inherit that share.
- Parents or siblings: If there is no spouse or children, your estate is divided between surviving parents, or, if only one parent survives, shared with siblings. If no parents or siblings survive, more distant relatives can inherit.
- No living family: If there is no living family, the estate is forfeited to the South African government (bona vacantia).
Potential complications for your family
- Unintended distribution of assets: Without a will, assets may not be distributed according to your wishes. You may have wanted to leave certain items to friends or charity, but the law follows a set hierarchy.
- Conflicts between beneficiaries: Intestate succession can increase conflict between family members, especially if they expected a different division.
- Long administration process: Without a will, the estate administration process is longer. The court appoints an executor who might not be your choice, delaying the distribution of assets.
- Guardianship of minor children: A will allows you to appoint a guardian for minor children. If you die intestate, the court decides, which may not reflect your preferences.
- Blended families: The law does not take into account the complexities of blended families, which can lead to unintended exclusions or imbalances in inheritance.
How to avoid intestate succession
To avoid these challenges, prepare a valid will that specifies how your assets should be distributed, appoint a reliable executor, and name a guardian for any minor children. Review and update your will regularly, especially after important life events. A professional can help ensure that your will is legally binding and reduce potential disputes.
Protect your loved ones with a valid will
By taking the time to plan your estate and draft your will, you ensure your legacy and support your loved ones. Get certainty today from Eksekuteurs vir Boedels en Testamente, your will specialist, we will be happy to come and see you.
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