In South Africa, dying without a will, also known as dying “intestate”, can complicate matters for your loved ones and leave your estate in the hands of the state to some extent. If you pass away without having formally outlined your wishes, the distribution of your assets will be governed by the Intestate Succession Act.
Here’s what happens when you die without a will:
Your Assets are Distributed According to the Law
Without a will, your estate will be divided according to South African laws of intestate succession. These laws prioritize your closest relatives, starting with your spouse and children. If you’re married in community of property, your spouse will receive half of the estate, while the children divide the other half.
If You Have No Immediate Family
If you have no spouse or children, the estate is passed on to other relatives such as your parents, siblings, or even extended family like grandparents, aunts, and uncles, depending on who is alive at the time.
Potential Complications and Delays
Dying without a will can result in a lengthy and often contentious process of determining who gets what. Family disputes can arise, especially if there’s uncertainty about who the deceased’s rightful heirs are. This process can also be more expensive, as the estate will need to go through the Master of the High Court, and legal fees can add up.
No Control Over Your Estate
One of the main downsides of dying intestate is that you have no control over how your assets are distributed. You cannot ensure that specific people, charities, or causes receive your possessions. The law simply divides your estate based on predefined rules.
Why You Should Have a Will
Having a valid will allows you to specify exactly how you want your estate distributed, ensuring that your wishes are carried out and reducing the chances of conflict among your loved ones. It also allows you to name an executor who will handle your estate according to your instructions.
In summary, dying without a will in South Africa means your estate will be distributed according to the law, which may not reflect your personal wishes. To avoid complications and ensure your estate is handled according to your desires, it’s important to create a will and update it regularly.
Would you like assistance with drafting your will? Our experts are here to help ensure your estate is managed the way you want.