The order of inheritance
- Spouse and no descendants — the spouse inherits everything.
- Descendants and no spouse — the descendants inherit everything, in equal shares per family line (per stirpes).
- Spouse and descendants — each spouse receives a child’s share or R250 000, whichever is greater; descendants share the rest.
- No spouse or descendants — the parents (or one parent and the descendants of the other), then the descendants of the parents (brothers, sisters, nieces and nephews).
- None of these — the nearest blood relatives, and failing them, the State.
Child’s share = estate ÷ (surviving children + predeceased children who left descendants + surviving spouses)
When to get advice
Multiple spouses, customary or religious marriages, life partnerships, disputed relationships, step-children and assets outside South Africa can change the outcome. A short consultation with an attorney — or a visit to the Master of the High Court — is worth it. Better still, make a valid will.
Worked examples
Spouse and two children, R1.2 million estate
A child’s share is R1.2 million ÷ 3 = R400 000, which is more than R250 000, so the spouse and each child receive R400 000.
Who inherits
- SpouseA child’s share
- R400 000.00
- Each of 2 children (or their descendants)Equal share of the remainder
- R400 000.00
Spouse and three children, R600 000 estate
A child’s share would be only R150 000, so the spouse receives the R250 000 minimum and the children share the remaining R350 000.
Who inherits
- SpouseR250 000 (minimum)
- R250 000.00
- Each of 3 children (or their descendants)Equal share of the remainder
- R116 666.67
Unmarried, no children, both parents alive
The parents inherit in equal shares.
Who inherits
- Mother1/2
- R400 000.00
- Father1/2
- R400 000.00
Frequently asked questions
What happens if you die without a will in South Africa?
Your estate is divided according to the Intestate Succession Act 81 of 1987. Your spouse and descendants inherit first; if there are none, your parents and their descendants; then your nearest blood relatives; and finally the State.
How much does a spouse inherit without a will?
If there are no descendants, everything. If there are descendants, the greater of a child’s share or R250 000 (the amount fixed by the Minister of Justice). The children share the rest.
Do adopted children and children born outside marriage inherit?
Yes. Adopted children inherit from their adoptive parents, and children born outside marriage inherit from both their biological parents.
What if we were married in community of property?
The surviving spouse already owns half of the joint estate. Only the deceased’s half is distributed under intestate succession.
Do life partners inherit?
Courts have recognised permanent life partners in some circumstances and the law in this area continues to develop. Get legal advice if you were in a life partnership.