Who needs a will? About 50% of the population does not have a will, and the sad reality is that if you are one of them, it will cause unnecessary complications and delays to the people you leave behind to sort out the mess. Never mind the potential misery to minor dependents.
Contrary to stories that if you die without a will (ie you die intestate) the state gets everything, your assets should eventually end up with the family you leave behind. The state steps in and tries to locate your rightful heirs and applies intestate succession. This means they work according a list as to who gets what.
- If there are no descendants but there is a spouse, the spouse will receive it all
- If there are descendants but no spouse, the descendants will inherit (ie children)
- If there are descendants and a spouse, the estate is divided between the descendants and the spouse, the proportions worked out according to the law
- If there are no descendants and no spouse, but the deceased’s parents are still alive, they will be the heirs
- If nobody in point 4 above is alive, but the deceased had brothers or sisters, the estate is divided equally amongst them
- If there are no siblings either, then the nearest blood relative will become the heir
- And if there are no relatives, only then does the estate devolve to the state.
So, unless you want to make life difficult for those you leave behind when you die (and that would be nasty, shame on you!), please make out that will. It ensures that your assets will end up where you would like them to go. If you have no family then choose a friend, or a charity at least – better than it ending up with the state!
Writing a will is not difficult, and anyone over 16 can have one (if you have assets you should have one!). How to get a will written will be covered in the next post – why don’t you think about how you want your estate to be sorted out in the meantime?
I would like to obtain a copy of your publication ‘Where there is a will …..’
I live in Johannesburg.
Please advice me how to go about it.
Thanks,
Rudi
Hi Rudi
I’ve sent you an email with the details. I send the introduction and index pages of the guide along with payment details. If you live in Cape Town you are welcome to come and collect, but if, like you, you live elsewhere, we post the guide on proof of payment.
Thank you so much for your diy guide. Today I went to the Masters Office in CT and was told by the clerk to appoint an attorney as the value of the estate was over R175 000. If I had read this info I would have known she was talking nonsense.
Did you need to appoint an attorney after all that?
This is all very confusing
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Hi,
My mom recently died Intestate. Her estate is a substantial amount. My mom was married and I have 3 sisters. My mom’s husband (our stepdad) wants to be appointed as Exector. My question is if he gets appointed as Executor does he make the ultimate decisions as to where my mom’s estate goes and how it gets distributed? Thanks
Hi Tanya
No, your stepdad doesn’t get to decide what goes where – it goes according to the law of the country regarding an intestate estate. See our article on an intestate situation. The appointment of the Executor is also dependent on the Master of the High Court so you could also approach him to be appointed if you wish, although I would suggest you work together with your stepdad and avoid conflict if you can.
Some One I love has just passed away and I have been told that because the amount of her estate is more than R125000,00 that we need to have a lwyer and not just an executor.
Is thsi true, how could we go around this?
No you don’t have to have a lawyer/accountant/bank to do the job. The court may tell you to use one and even say it’s the law, but that is not the case. You CAN do it yourself (if you are appointed as Executor in the Will) and work with a lawyer or accountant if you get stuck with anything and need advice.