Understanding Intestate Succession: What Happens If You Die Without a Will?

Understanding Intestate Succession: What Happens If You Die Without a Will?

Introduction

In the August 2025 edition of our monthly blog, we explored the formality requirements for a valid will in South Africa. This naturally leads to the question: What happens if I die without a will? This month’s article addresses exactly that.

The law of Intestate Succession

When you pass away without leaving a valid will, your estate is distributed according to the law of intestate succession, as set out in the Intestate Succession Act. The provisions of the Act can be summarised as follows:

1. Survived by a spouse, but no descendants:

If you pass away without leaving any descendants, and you are survived by your spouse he or she will inherit your entire estate.

2. Survived by a spouse and descendants:

If you pass away and are survived by both your spouse and descendants, your estate will be distributed as follows:

• Your spouse will receive the greater of R 250 000-00 or a child’s share. A child’s share is calculated as follows:

Value of the estate ÷ (Number of children + number of spouses).

• Your descendants that are your children will receive a child’s share.
• Your descendants that are the children of a pre-deceased child (i.e. grandchildren) will receive a child’s share divided by the number of children of the pre-deceased child.

3. Survived by descendants only:

If you pass away and don’t have a living spouse, but you do have descendants, your estate will be divided as follows: Each of your living children gets an equal share. If any of your children died before you but had children of their own (your grandchildren), then that child’s share goes to their children, divided equally.

4. Survived by both parents only:

If you pass away and don’t have a living spouse or descendants, but you are survived by both parents, your estate will be divided as follows: Each parent will inherit a half of your estate.

5. Survived by one parent only:

If you pass away and don’t have a living  spouse or descendants, but you are survived by one of your parents, your estate will be divided as follows: One half of your estate will be inherited by your living parent and the other half will be inherited by you deceased parent’s children and grandchildren as set out in paragraph 3 above.

6. Survived by siblings only:

If you pass away and don’t have a living spouse, descendants, or living parents, but you are survived by your siblings your estate will be divided as follows: Your estate will be divided into shares based on the number of siblings you had in your lifetime (living or predeceased). Your living siblings will get a full share, and the children of your predeceased siblings will inherit their parent’s share equally.

7. None of the above applies:

If none of the above scenarios applies your estate will devolve to the closest blood relative. If such relationship cannot be established, your estate will devolve upon the state.
 

Conclusion

Considering the above, it is essential to have a valid will in place to ensure your estate is distributed according to your wishes and to avoid unnecessary complications for your loved ones.

Contact us today to have your complimentary Last Will and Testament drafted, your peace of mind starts here.

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