The Intestate Succession Act


What happens if you pass away without leaving a valid will?  Your estate will be administrated in terms of the Intestate Succession Act 81 of 1987. Herewith a summary of the provisions of the Intestate Succession Act:

 

  • Deceased is survived by a spouse or spouses, but not by a descendant/s.
    The spouse or spouses will inherit the intestate estate. In the case where the deceased was a husband in a polygamous marriage the surviving spouses will inherit in equal shares.

  • Deceased is survived by a descendant/s, but not by a spouse.
    The descendant or descendants will inherit the intestate estate.

  • Deceased is survived by a spouse or spouses, as well as a descendant/s.
    Each spouse will inherit R250 000 or a child’s share, whichever is the greater and the children the balance of the estate. A child share is determined by dividing the intestate estate through the number of surviving children of the deceased and deceased children who have left issue, plus the number of spouses who have survived such deceased.

  • Deceased leaves no spouse and no descendants but leaves one parent, while the deceased parent left descendants (brothers/sisters of the deceased).
    The surviving parent will inherit one half of the intestate estate and the descendants of the deceased parent the other half.

  • Deceased leaves no spouse or descendants but leaves one surviving parent, while the deceased parent did not leave any other descendants.
    The surviving parent will inherit the whole estate.

  • Deceased does not leave a spouse or descendants or parents, but both his parents left descendants.
    The intestate estate will be split into equal parts. One half of the estate is then divided among the descendants related to the deceased through the predeceased mother and the other half among the descendants related to the deceased through the predeceased father.

  • Deceased does not leave a spouse, descendant or parents, but only one of the predeceased parents left descendants
    The descendants of the predeceased parent who left descendants, will inherit the entire intestate estate.

  • The deceased does not leave a spouse or descendants or parents or descendants of his parents. The nearest blood relation inherits the entire intestate estate.

  • The deceased is not survived by any relative. 
    Only in this instance will the proceeds of the estate devolve on the state.

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