When a person passes away without leaving a valid will, South African law dictates how their assets will be distributed. This process is known as intestate succession. For individuals and families in the Free State, understanding this legal framework is critical, especially if you haven’t formalised your wishes with a will.
At Mayet & Associates, our experienced estate planning lawyers in Bloemfontein assist clients in protecting their assets, minimising family conflict, and ensuring a seamless administration of estates.
Legal Basis for Intestate Succession
The Intestate Succession Act 81 of 1987 governs what happens when someone dies without a will. This law outlines a fixed order of inheritance that favours direct family members and does not consider the complexities of modern family relationships. Without professional estate planning, your estate could be distributed in a way you never intended.
Who Inherits Under Intestate Succession?
If no will exists, the law prescribes beneficiaries in the following order:
- Spouse only: If the deceased is survived solely by a spouse, the entire estate passes to the spouse.
- Children only: If there is no surviving spouse, the children inherit the estate equally.
- Spouse and children: The estate is divided such that the spouse receives either a child’s share or R250,000, whichever is greater. The remaining balance goes to the children.
If no spouse or children survive, the estate may pass to:
- The parents of the deceased (equally if both are alive);
- One parent and descendants of the other parent;
- Extended family, if no closer relatives exist.
NB! Where no beneficiaries can be identified under the Act, the deceased’s estate is held by the state for 30 years, after which it is forfeited to the government.
Limitations and Risks of Intestate Succession
South Africa’s intestate succession law was designed for traditional family structures. However, it fails to account for:
- Unmarried life partners
- Stepchildren
- Blended families
- Testamentary trusts for minors
These limitations often lead to confusion, family disputes, or litigation during the estate administration process. That’s why our Bloemfontein wills and estates attorneys strongly advise proactive planning tailored to your unique circumstances.
Why You Should Draft a Will
A will is a legally binding document that outlines how your assets should be managed and distributed after your death. It enables you to:
- Appoint a trusted executor to manage your estate
- Ensure your assets go to chosen beneficiaries
- Establish guardianship arrangements for minor children
- Minimise the likelihood of family disputes
- Avoid delays in the estate administration process
By drafting a will with a qualified lawyer in Bloemfontein, you maintain full control over your legacy, rather than leaving these decisions to a rigid statutory formula.
The Role of a Lawyer in Bloemfontein in Estate Planning
At Mayet & Associates, we provide a full suite of estate planning services in Bloemfontein, including:
- Drafting valid and enforceable wills
- Creating trusts for vulnerable dependants
- Advising on tax-efficient strategies
- Assisting with estate administration and executor duties
- Supporting heirs during intestate disputes
Whether you are planning for the future or dealing with a deceased estate, we’re here to provide personalised, professional guidance.
Take the First Step
Don’t wait until it’s too late. Protect your family’s future and ensure your wishes are respected by working with a skilled estate attorney in Bloemfontein. Contact Mayet & Associates today to draft your will or review your estate plan.
Let us help you turn uncertainty into peace of mind.
