WILLS AND ESTATES ATTORNEYS ADMISSION EXAMS – PAPER 2
INTESTATE SUCCESSION – RULES AND EXAMPLES
• Overall Summary
• Specific Rules
• Further Explanation
• Calculation examples
Summary
Intestate succession refers to the process of distributing the assets of a person who dies
without a valid will.
In South Africa, the Intestate Succession Act of 1987 (“the Act”) sets out the rules for
how the estate of a person who dies intestate (without a will) should be distributed.
The Act provides that the spouse or spouses (in the case of polygamous marriages) of
the deceased are entitled to a share of the estate, as well as the deceased's children and
other relatives, in a specific order of priority. If the deceased had no surviving spouse or
children, the estate will pass to other relatives in a specific order of priority.
The distribution of the estate is based on the principle of "per stirpes" which means
that each branch of the family will receive an equal share, regardless of the number of
children in each branch.
For example
If a person dies intestate with two children, and one of those children has two children of
their own, the estate will be divided into three equal shares: one share for each child,
and one share for the grandchildren to be divided equally between them.
It's important to note that the rules of intestate succession may not reflect the wishes of
the deceased. For example, a person may have wanted to leave more to a particular
family member or friend, or may have wanted to leave their assets to a charity or other
organization.
To avoid the distribution of their assets according to the rules of intestate succession, it's
important for individuals to make a valid will and keep it up to date with any changes in
their circumstances.
, In summary, intestate succession is the process of distributing the assets of a person
who dies without a valid will according to specific rules set out in the Intestate
Succession Act
Specific rules of intestate succession
The Act provides for the distribution of the assets of a person who dies without a valid
will according to a specific order of priority.
The order of priority is as follows:
1. Spouse or spouses (in the case of polygamous marriages)
If the deceased is survived by a spouse or spouses and no children, the entire
estate will go to the spouse or spouses. If the deceased is survived by a spouse
or spouses and children, the spouse or spouses will inherit a fixed amount, plus a
portion of the balance of the estate. The fixed amount is currently set at
R250,000 and is adjusted for inflation.
2. Children or their descendants
If the deceased is survived by children or their descendants, and no spouse, the
estate will be divided equally among them. If a child has predeceased the
deceased but has left children, those grandchildren will inherit their parent's
share of the estate.
3. Parents
If the deceased is not survived by a spouse or children, the estate will go to the
parents. If only one parent survives, they will inherit the entire estate. If both
parents survive, they will inherit in equal shares.
4. Brothers and sisters or their descendants
If the deceased is not survived by a spouse, children, or parents, the estate will
be divided equally among their brothers and sisters. If a brother or sister has
predeceased the deceased but has left children, those nieces and nephews will
inherit their parent's share of the estate.
5. Grandparents
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