General information, not legal or tax advice. Every estate is different: confirm with the Master's Office, SARS, an attorney or a fiduciary practitioner before you act.
Who inherits without a will?
When there is no valid will, the Intestate Succession Act 81 of 1987 decides who inherits. Enter the family members who survived the deceased to see each person's share.
2 points we are still verifying
For deaths before 3 April 2024, a permanent life partner's position depends on court decisions (for example Bwanya v Master of the High Court, 2021); not calculated.
Half-brothers and half-sisters (s1(1)(e)(i)) and more distant relatives (s1(1)(f)) are explained but not calculated.
Your details
Who inherits
A spouse and descendants: the spouse inherits a child's share (R300 000.00), which is more than R250 000.00, and the descendants share the rest.
Intestate Succession Act 81 of 1987, s1(1)(c). A child's share here is R300 000.00.
SpouseR300 000.0025% of the estate each · s1(1)(c)(i): the greater of a child's share or R250 000.00
Each child (3)R300 000.0025% of the estate each · s1(1)(c)(ii): the residue
General information, not legal or tax advice. KayaLegacy gives general information based on the Administration of Estates Act, the Estate Duty Act, the Income Tax Act, the Intestate Succession Act, the Wills Act and guidance from the Master of the High Court and SARS. It is not legal or tax advice and does not create a professional relationship. Every estate is different: results are estimates, and the Master, SARS or the courts may reach a different answer. For advice on a particular estate, speak to the Master's Office, an attorney, a fiduciary practitioner or a tax practitioner. Customary-law estates, unworthy heirs, renunciations and disputes about who is a spouse or child can change the answer.
The order of inheritance
Spouse only: the spouse inherits everything (s1(1)(a)).
Descendants only: the children inherit equally; grandchildren take their parent's place (s1(1)(b)).
Spouse and descendants: the spouse gets a child's share or R250 000, whichever is more, and the descendants share the rest (s1(1)(c)).
No spouse or descendants: the parents, then brothers and sisters and their descendants, then the nearest blood relations (s1(1)(d) to (f)).
What does the surviving spouse get if there are children?
The greater of a child's share or R250 000. The children share the rest equally. A child's share is the estate divided by the number of children (counting a child who died first but left children) plus one for the spouse.
Does a life partner inherit without a will?
For deaths on or after 3 April 2024, a partner in a permanent life partnership in which the partners undertook reciprocal duties of support is treated as a spouse (section 1(1A)). For earlier deaths, the position depends on court decisions; get advice.
Do stepchildren inherit?
Not under intestate succession, unless they were legally adopted. Children born outside marriage inherit from both parents in the same way as other children.
What if the deceased was married in community of property?
The surviving spouse first keeps their own half of the joint estate. Only the deceased's half is divided under the Intestate Succession Act, so enter only that half above.
Does the State inherit if there are no relatives?
Only if no blood relation at all can be found. Otherwise the nearest blood relations inherit in equal shares (section 1(1)(f)).