16/04/2024
1. What happens if I die without a Will?
If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987).
This means that your closest relatives will inherit from you. In other words you do not have any control of who will inherit from your estate.
2. What happens if I die without a Will and I have NO RELATIVES?
If you die without a Will and there is no-one that could inherit from you, the deceased estate will be forfeited to the State.
This means that the money in the deceased estate will be paid to the Guardians’ Fund. If no heirs come forward to claim the money within 30 years, the money is forfeited to the State.
3. Who will be the executor if you do not have a valid Will?
If you die without a valid Will, your intestate heirs will nominate a person to be appointed as the executor, however, the final decision still lies with the Master of the High Court.
This could lead to a delay in the administration process and additional cost, not to mention the frustration and hardship of your family.
4. What will happen to my children if I do not have a valid Will?
If you die without a valid Will, the other parent will be the legal guardian of the children. If both parents dies without a valid Will, your children could be placed in the care of someone they are not familiar with or with someone you do not trust.
Furthermore, if the child is still a minor, the inheritance will be paid into the Guardian's Fund.
5. What is the Guardian's Fund
The Guardian's Fund is established to protect and manage money on behalf of certain persons, such as minor children.
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