What happens when you die without a will?

By E. Ferreira | 30 Jan 2023

Dying without a will can have serious consequences for your loved ones. If you die without a valid will, the South African Intestate Succession Act will govern the distribution of your assets. This means your assets may not be divided in the way you intended, as your wishes are no longer considered. The Intestate Succession Act provides a hierarchy starting with a legally married spouse and children, but other legislation may come into play based on your individual scenario.

Without a will, your family may nominate the executor of their choice, which can result in delays and added costs for your estate. If you have children, their future may be uncertain as the master of the high court may appoint a guardian for them if there is no surviving spouse or parent. An outdated will is almost as bad as having no will at all, as it could lead to your assets being awarded to people you no longer have a relationship with or do not want as your heirs.

It is important to have a valid will, as a will that is not up to date or does not meet the necessary requirements will not be considered valid and will not be executed according to your wishes. A valid will must be reduced to writing, each page must be signed, and the witnesses must be competent and independent, among other requirements.

In conclusion, having a will is essential to ensure that your final wishes are carried out and to protect the well-being of your loved ones. It is important to keep your will up to date and to make sure that it meets all the requirements for it to be considered valid.