Whatshot

2025
2024
June
April
2023
March
2022
2021
2020
March
February
2019
December
November
October
September
August
July
June
May
April
March
February
2018
December
November
October
September
August
July
June
May
April
March
February
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013
December
November
October
September
August
July
June
May
April
March
February
January
2012
December
November
October
September
August
July

Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2014-09-12
In this issue, we take a look at what happens if a person dies without leaving a will or where a will has been rejected by the Master of the High Court.

Source: Department of Justice and Constitutional Development

Any person of 16 years and over is free to make a will in order to determine how his/her estate should devolve upon his/her death.

If you die without a will, your estate will devolve in terms of the rules of intestate succession (your assets will, contrary to general belief, not go to the state).

  1. 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
  2. Deceased is survived by a descendant/s, but not by a spouse. The descendant or descendants will inherit the intestate estate
  3. Deceased is survived by a spouse or spouses, as well as a descendant/s. Each spouse will inherit R125 000,00 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
  4.  Deceased leaves no spouse or descendants, but both parents who are alive. His/her parents will inherit the intestate estate in equal shares.
  5. Deceased leaves no spouse and no descendants but leaves one parent, while the deceased parent left descendants (brothers/sisters of the deceased
  6.  Deceased leaves no spouse or descendants but leaves one surviving parent, while the deceased parent did not leave any other descendants
  7. Deceased does not leave a spouse or descendants or parents, but both his parents left descendants
  8. Deceased does not leave a spouse, descendant or parents, but only one of the predeceased parents left descendants
  9. 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.
  10. The deceased is not survived by any relative.

What is the position with regard to an illegitimate child of the deceased. What is the position with regard to an adopted child of the deceased. An adopted child will be deemed to be a descendant of his adoptive parent or parents and will not inherit from his natural parent or parents, except in the case of a natural parent who is also the adoptive parent of that child or was, at the time of the adoption, married to the adoptive parent of the child.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates. The Law Desk of Fawzia Khan & Associates. We Know! We Care! We Deliver!