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DYING WITHOUT A VALID WILL

Posted on by Ori
07
Mar

DYING WITHOUT A VALID WILL (what happens to the estate?)

By Oritonda Rambuda

In African culture it is common that when a spouse passed on, the family of the said spouse fights with the living spouse for the assets of the deceased.

In this article, we hope to assist as how an intestate estate is to be dissolved according to Intestate Succession Act 81 and Reform of Customary Law of Succession and Regulation of Related Matters Act 11.

  1. Where the deceased is survived by a spouse and no descendants:
  • The living spouse will inherit everything to the exclusion of all others.

 

  1. Where the deceased is survived by descendants and no spouse:
  • The estate will equally be divided amongst the descendants.

 

  1. Where the deceased is survived by a spouse and descendants:
  • NB: Marital regime plays an important role.
  • The amount that is due because of the marriage regime will be deducted first and then the reminder will be distributed.
  • The spouse will inherit R250 000.00 or the child’s share, whichever is more.

 

  1. Where the deceased is survived by parents only, no spouse and descendants:
  • The estate will equally be divided amongst the parents.

 

  1. Where the deceased is survived by one parent and descendants of the other parent:
  • The living spouse will inherit 50% of the estate and the other 50% will equally be divided amongst the descendants of the other parent who has passed on.

 

  1. Where the deceased is survived by descendants of parents:
  • The estate will be divided into two halves, which will go to the estates of the parents who have since passed on.
  • Then the inherited assets will equally be divided amongst each of the parent descendants.
  • Full siblings will inherit from both parents’ inheritance and half siblings will only inherit from one parent’s inheritance.

 

  1. Where the deceased is survived by descendants of only one parent:
  • The assets will equally be divided amongst the descendants.

 

  1. Where the deceased is survived by further relation:
  • Nearest blood relation will inherit, ie: first cousin (one who shares a grandparent with the deceased).

 

Spouses should not suffer at the hands of in-laws, simply because their deceased spouses left no valid will, the above said laws are here to offer protection against such victimization.

 

Ori

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