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What happens if/when parents die without a will?
When both parents (natural guardians) die simultaneously (at the same time) without a will, the Intestate Succession Act No 81 of 1987 comes into force and the assets from both of their estates are monetised and paid into the Guardian’s Fund which will administer the children’s inheritance until the children turn 18, and their inheritances will be distributed per stirpes and by representation. Furthermore, the Master of the High Court will appoint guardians for the minor children. If, however, the children are older than 18, the collective estate of the parents will be distributed to the children per stirpes and by representation.