The Consequences of Dying Without a Will in South Africa

By Hanelie De Beer, Candidate Attorney

Dying without a Will, or intestate, can create problems for your loved ones. In South Africa, if you pass away without a Will, your estate is divided according to the Intestate Succession Act. This law decides who gets your assets, which may not match your wishes. The process can also be slow and complicated. At Louwrens Koen Attorneys, we help you create a Will to ensure your estate is distributed as you want. 

What is Intestate Succession?

Intestate succession is the legal process that divides your estate if you die without a Will. The Intestate Succession Act (Act 81 of 1987) sets the rules. Usually, your spouse and children inherit first. A surviving spouse gets at least R125 000,000 or a child’s share, whichever is larger. If you have no spouse or children, parents or siblings may inherit. If no relatives are found, your estate goes to the state.  

The Intestate Succession Act lists who inherits in this order:  

  • Spouse and children: Your spouse gets at least R250,000 or a child’s share. The rest is split equally among your children.  
  • Spouse only: Your spouse inherits everything.  
  • Children only: Your children share the estate equally.  
  • Parents: If no spouse or children, your parents inherit equally.  
  • No relatives: The state takes your estate.
    Adopted children inherit the same as biological children.

What happens if you die without a Will?

Here are common scenarios:  

  • If you leave a spouse and children, they share your estate, but the split may not suit your wishes.  
  • If you leave only a spouse, they get everything.  
  • If you leave only children, they split the estate equally.  
  • If you leave neither, your parents inherit.  
  • If no relatives exist, your estate goes to the state.
    Without a Will, your loved ones may face delays, disputes, or unintended outcomes.

Why You Definitely Need a Will

A Will ensures your estate goes to the people you choose. It prevents conflicts and simplifies the process for your family. You can:  

  • Specify how much each person inherits.  
  • Appoint a guardian for your minor children.  
  • Protect your spouse’s financial future.  
  • Name beneficiaries like friends or charities.
    Without a Will, your spouse or children might not get enough, and your wishes for your children’s care may be ignored. If married in community of property, your estate could face extra complications. A Will gives you control.

How Louwrens Koen Attorneys Can Help

At Louwrens Koen Attorneys, we make creating a Will simple and affordable. Our experienced team guides you to draft a legally valid Will that reflects your wishes. We ensure your estate is managed smoothly, protecting your loved ones from the stress of intestate succession. Our services also include estate planning tools to organize your assets and appoint executors.  

Take Control of Your Legacy

Dying without a Will can lead to confusion, delays, and disputes. The Intestate Succession Act may not align with your intentions. A Will ensures your assets are distributed as you want, providing peace of mind for you and your family. Don’t leave your legacy to chance. Contact Louwrens Koen Attorneys today to draft your Will. It takes less than an hour and costs less than you think.  

Secure Your Family’s Future
At Louwrens Koen Attorneys, we help you create a Will that protects your loved ones and honors your wishes. Call us or visit our website to get started. Estate planning is about clarity, security, and peace of mind. Act now to safeguard your legacy.