Originally published: 22 June 2017 | Last updated: 21 August 2025
TL;DR: The Intestate Succession Act 81 of 1987 establishes South African rules for handling estates which lack a valid Will. The law distributes your estate through a specific order when you die without a Will. The law distributes your estate through a specific order when you die without a Will: your spouse receives the larger amount between R250,000 and a child’s share of inheritance. After that children receive equal shares and then the estate passes to parents and then to siblings. The law prevents common-law partners from receiving any inheritance through this method. The law allows you to create a valid Will which will override the default estate distribution through intestate succession.
How Does Intestate Succession Work in South Africa?
The South African legal system uses intestate succession to distribute your estate through its established procedures when someone dies without a valid Will. The Intestate Succession Act 81 of 1987 establishes a fixed inheritance order which people cannot change unless they create a Will.
- The Act distributes assets in a strict order of priority:
- Children: Share the remainder equally (including children born out of wedlock)
- Parents: Inherit if there are no spouse or children
- Siblings: Inherit if there are no spouse, children, or parents
- Other blood relatives: In order of proximity
- The state: Only if no relatives can be found
What Does the Surviving Spouse Receive?
The surviving spouse receives the greater of R250,000 or an equal share with the children. The calculation depends on the matrimonial property regime (in community of property, out of community of property, or customary marriage).
Do Common-Law Partners Inherit Under Intestate Succession?
No. Common-law partners have no automatic inheritance rights under the Intestate Succession Act, regardless of the length of the relationship.
How to Avoid Intestate Succession
Create a valid Last Will and Testament at LegalWills.co.za.
Frequently Asked Questions
What is the Intestate Succession Act?
The South African law which controls estate distribution for people who die without a valid Will operates under Act 81 of 1987. The surviving spouse receives an amount which equals the larger value between R250,000 and the portion of the estate that belongs to a child.
How much does the surviving spouse get under intestate succession?
The greater of R250,000 or a child’s share of the estate.
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.
