EDUCATIONAL SERIES

Intestate Succession: What Happens When There Is No Will

How estates are distributed without a valid will
Infosheet 21 of 28

Dying without a valid will — whether because one was never made, because it cannot be found, or because it does not meet legal requirements — is more common than most people expect. When it happens, the Intestate Succession Act determines who inherits, in what shares, and in what order.

The Act’s rules are strict and formulaic. They do not take account of family wishes, long-term relationships, or what the deceased might have wanted. Cohabiting partners, for example, do not automatically inherit — a fact that comes as a devastating surprise to many surviving partners.

This infosheet explains how intestate succession works in South Africa, who inherits under the Act in different family configurations, and why the absence of a valid will can significantly complicate an estate. It is also a reminder of why estate planning — starting with a properly drafted will — matters so much.

1 When Intestate Succession Applies
  • No will exists
  • The will is invalid
  • The will cannot be located
  • The will does not deal with all assets
2 Who Inherits Under Intestate Succession

Distribution follows a strict order:

  • Spouse and children inherit first
  • If no spouse or children: parents
  • If no parents: siblings
  • If no siblings: extended family
  • If no relatives: the estate goes to the State
3 Spouse and Children Example

If both a spouse and children survive the deceased:

  • The spouse receives a “child’s share” or the statutory amount — whichever is greater
  • The remainder is divided equally among the children
4 Special Considerations
  • Adopted children inherit equally
  • Children born outside marriage inherit equally
  • Customary marriages are recognised
  • Cohabiting partners do not automatically inherit
5 Why Intestate Succession Can Be Complicated
  • Multiple marriages
  • Blended families
  • Disputes among relatives
  • Missing heirs
  • Heirs who pass away while the administration is still underway

A Note From Our Practice

Losing someone you love is hard enough. The legal process of winding up their estate should not be a source of additional confusion or anxiety. But for most families, it is.

Estate administration in South Africa is a structured legal process governed by the Administration of Estates Act and a range of other legislation. It involves the Master of the High Court, SARS, financial institutions, the Deeds Office, and more. It takes time. It requires documents. And it can feel, at every turn, like a system that expects you to already know how it works.
We created this educational series because we believe informed families make better decisions and because the questions we are asked most often are the same ones that could be answered before a client ever walks through our door.

The CDT Educational Series consists of 28 infosheets covering the full spectrum of deceased estate administration, from the first 72 hours after a death to the final distribution of assets. Each infosheet is written in plain language, without jargon, and is designed to give you a clear picture of what the process involves and why each step exists.

Important: These infosheets are educational resources. They provide general information about the estate administration process in South Africa and are not intended as legal advice. Every estate has its own facts, complexities, and circumstances. Nothing in this series should be relied upon as a substitute for professional legal guidance specific to your matter.

Our intention is simple: to help you understand the landscape, ask the right questions, and feel confident when you come to us for help. Because when you are ready, we are here.

Cari du Toit & Aqeela Peters

Directors
Cari du Toit Incorporated Attorneys & Conveyancers