Originally published: 8 January 2016 | Last updated: 1 June 2025
Dying without a Last Will and Testament in South Africa—known as dying “intestate”—has serious consequences for your family. The Intestate Succession Act 81 of 1987 takes control of your estate, and the results are often far from what you would have chosen. Here are the six most significant consequences.
1. The Law—Not You—Decides Who Gets Your Assets
Without a Will, the Intestate Succession Act distributes your estate according to a rigid legal formula. Your spouse receives the greater of R250,000 or a child’s share. Children divide the remainder equally. Friends, charities, and organisations you cared about receive nothing. There is no flexibility for your personal wishes.
2. A Stranger May Administer Your Estate
When there is no Will, the Master of the High Court appoints an executor. This person may not know your family, your finances, or your wishes. The appointed executor may charge maximum fees and make decisions that do not align with what you would have wanted. With a Will, you choose a trusted person and can set executor fees.
3. Your Assets May Be Frozen for Extended Periods
Intestate estates take significantly longer to administer. Bank accounts, property, and investments may be frozen for months or years while the legal process unfolds. Your family may be unable to access funds they need for daily expenses, mortgage payments, or children’s education.
4. Common-Law Partners Inherit Nothing
The Intestate Succession Act does not recognise common-law (cohabiting) partners. Regardless of how long you lived together, your partner has no inheritance rights without a Will. This is one of the most devastating consequences of dying intestate in South Africa.
5. No Guardian Is Appointed for Your Children
Without a Will, you cannot appoint a guardian for your minor children. The court decides who raises them—and may choose someone you would not have selected. A Will is the only way to ensure your children are cared for by the person you trust most.
6. The Process Is More Expensive
Intestate estate administration costs more due to court fees, legal complications, and the time required to resolve disputes. The executor’s fees may be higher, and family disagreements can lead to costly litigation. A simple Will created at LegalWills.co.za prevents all of these additional costs.
How to Avoid Dying Intestate
Create a valid Last Will and Testament. It takes under 20 minutes online and ensures your wishes are legally binding.
Frequently Asked Questions
What does intestate mean?
Intestate means dying without a valid Will. Your estate is then distributed according to the Intestate Succession Act 81 of 1987.
How long does it take to settle an intestate estate in South Africa?
An intestate estate typically takes 6 months to 2 years to settle—significantly longer than an estate with a valid Will.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
