Who inherits when there is no will, in South Africa?


If you do not have a legal, valid Will the laws of the State will govern how your assets are distributed. These include Maintenance of Surviving Spouses Act, Intestate Succession Act and/or the Children’s Act. The Executor of your Estate will ensure that your Estate is divided as per the Intestate Succession Act with consideration of the Maintenance of Surviving Spouses Act and Children’s Act, upon which your Estate will be divided per stirpes and by representation.

In light of this, you may be wondering “What happens to the part of my Estate that my children stand to inherit, if I have no Will?” and “What happens if parents die without a Will?”.