Originally published: 8 January 2016 | Last updated: 29 May 2025
TL;DR: South African intestate deaths create six main results which include the Intestate Succession Act as your estate distribution guide and the court selection of your executor and the freezing of your assets for multiple months and the denial of inheritance rights to common-law partners and the absence of child guardianship appointments and the entire procedure requires more funds and takes longer to complete.
1. The Law. Not You. Decides Who Gets Your Assets
Your family members will face severe consequences because you did not create a Last Will and Testament before you passed away in South Africa. 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.
2. A Stranger May Administer Your Estate
The Intestate Succession Act distributes your estate through a fixed legal structure which applies when you do not create a Will. Your spouse will receive whichever amount exceeds R250,000 or matches the value of a child’s inheritance share. The remaining assets should be distributed equally between all children. The assets have no owners because all friends and charities and organizations you supported ended up with zero inheritance. The system prevents you from following your personal preferences.
3. Your Assets May Be Frozen for Extended Periods
The Master of the High Court takes charge of executor selection when people fail to create a Will. You will face this stranger who lacks any understanding about your family relationships and financial situation and personal choices. The appointed executor possesses full authority to establish their own compensation standards while making choices which would have contradicted your original preferences. A person who creates a Will can select their preferred executor who will obtain compensation through fees which the creator of the Will decides to pay.
4. Common-Law Partners Inherit Nothing
The process of handling intestate estates requires longer time periods than other estate administration methods. The legal process will freeze bank accounts together with property and investment assets for time periods which could stretch into multiple years. Your family members face financial restrictions which prevent them from obtaining necessary funds to pay for their everyday needs and their mortgage and their children’s education expenses.
5. No Guardian Is Appointed for Your Children
The Intestate Succession Act does not recognise common-law (cohabiting) partners. Your partner will not receive any inheritance benefits because you did not create a Will even though you shared your life with them. The South African intestate death system produces one of the worst possible outcomes for families who experience this situation.
6. The Process Is More Expensive
You lose the ability to select a guardian for your children when you do not create a Will. The court chooses which person will care for children but they might select someone who differs from your personal choice. A Will serves as the sole method which allows you to select the person who should raise your children after your death.
How to Avoid Dying Intestate
The process of handling intestate estates needs more funds because of court expenses and legal issues and the duration needed to settle disagreements. The executor needs to pay higher fees which will result in family conflicts that require legal proceedings. A simple Will created at LegalWills.co.za prevents all of these additional costs.
Frequently Asked Questions
What does intestate mean?
Create a valid Last Will and Testament. The online process takes less than 20 minutes while it creates legally binding documents which protect your wishes.
How long does it take to settle an intestate estate in South Africa?
The term intestate describes situations when people pass away without establishing an official Will. Your estate is then distributed according to the Intestate Succession Act 81 of 1987.
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.
