In South Africa, all of your assets and liabilities will be placed in an estate upon death. If you have a valid will, this will determine how your estate will be divided. However, if you do not have a will upon death, your estate will be divided in terms of the Intestate Succession Act 81 of 1987 (“The Act”). In this case, you do not have control over how your estate shall be divided, and who inherits.

Your estate will be divided between the surviving parties as follows:

1. If you die and you are survived by your spouse and no descendants, your spouse shall inherit the intestate estate.
2. If you die and you are survived by a descendant but not by a spouse, the descendant shall inherit the intestate estate. Where there are multiple descendants, the intestate estate shall be divided equally among these descendants.
3. If you die and you are survived by a spouse as well as descendants, your spouse shall inherit either:

• A child’s portion: this is an amount determined by dividing the value of the estate by the number of descendants plus 1; or
• R250 000.

Your spouse shall inherit the amount that is greater, and the descendants shall inherit whatever is left of the intestate estate.

(Descendants in intestate succession includes children born outside of wedlock and adopted children).

4. If you die and you are survived by neither a spouse nor any descendants, your parents shall inherit the intestate estate.
5. If you die and you are only survived by one parent, that parents shall inherit half of the estate and the descendants of the deceased parents shall inherit the other half.
6. If you die and you are not survived by either a spouse, descendants, or parents, your estate shall be inherited by your siblings. This includes siblings related to you through your mother only, as well as siblings related to you through your father only.
7. If you die and you are not survived by any of the parties already mentioned, your estate will then be inherited by a blood relative related to you in the nearest degree.

Errors to Avoid when Drafting a Will in South Africa

When you die and you do have a valid will, it provides you with security as to how your estate will be divided, and you are in full control. Here are a few errors to avoid when drafting your will:

1. Make sure that your will is in writing, signed on every page, including the end of the will.
2. The will must be attested by two or more witnesses in your presence.
3. Ensure that all the details of the assets, your heirs, as well as who you choose to be your executor are stated in your will.
4. Lastly, ensure that the original will is kept in a secure place, as a copy will not be deemed a valid will.

Bailey Haynes Inc. - Attorneys in Cape Town

Contact us for more information about our will drafting services. We're here to help you make sure your loved ones are looked after when you're no longer here.