Wills: What Happens If I Die Without One?

Talking about death is hard, and in many families it feels like bad luck. But if you die without a will, the law, not you, decides who gets what. Your partner, children or parents may face delays, costs and conflict at an already painful time.

What is happening

If you die without a valid will, you die 'intestate'. Your estate is then divided according to the Intestate Succession Act. In simple terms:

• If you have a spouse and no children, your spouse inherits everything.
• If you have children and no spouse, your children share equally.
• If you have a spouse and children, your spouse receives a portion set by law and the children share the rest.
• If you have neither, your parents, then siblings and other relatives inherit.

This may not match your wishes. A long-term partner you never married may have to prove the relationship, possibly in court, before inheriting anything. Stepchildren you raised may not inherit. Money for young children may be paid into the state's Guardian's Fund rather than managed by someone you trust. And the Master of the High Court will appoint an executor, which can take longer.

A valid will must be in writing, signed by you on every page, and signed by two witnesses aged 14 or older who watch you sign. A witness, or their spouse, should not be someone who inherits under the will. In your will you can name an executor, choose who inherits, name a guardian for your children, and set up a trust for them.

A will made years ago may no longer fit. Review it after marriage, divorce, the birth of a child or buying property.

Is this you?

• You have children, especially young ones.
• You are married, in a customary marriage, or living with a partner.
• You own property, a car, a business or savings.
• You have children from more than one relationship.
• Your will is more than five years old or was made before a big life change.

30-second self-check

Answer yes or no.

• Do you have no will, or not know where your will is?
• Do you have children under 18?
• Do you live with a partner you are not legally married to?
• Do you have children or stepchildren from different relationships?
• Do you own a home, land or a business?
• Has your life changed through marriage, divorce or a new child since your will was made?

0-1 yes: Your situation may be straightforward. Still, a simple valid will saves your family time and stress.
2-3 yes: A will matters for you. Make or update one this month.
4 or more yes: Without a clear will, your family could face serious delays and conflict. Please make a will with an attorney or fiduciary specialist soon.

What you can do next

• Today: Write down what you own, what you owe, and who depends on you.
• This week: Decide who should inherit, who should be the executor and who should care for your children.
• This month: Have a will drafted by an attorney or fiduciary specialist, sign it correctly with two witnesses, and tell your executor where the original is kept.
• Check beneficiary nominations on life policies and retirement funds. These are separate from your will.

Your tool

Will Readiness Checklist - a checklist of what to gather and decide before you make a will, plus the signing rules, so your will is valid and your wishes are clear.

When to get professional help

Speak to an attorney or fiduciary practitioner if you have young children, a blended family, a customary or religious marriage, a business or property. Thinking about your own death can bring up anxiety or grief, and it is fine to take this slowly and talk about it.
Who can help: Estates attorney, fiduciary practitioner, Legal Aid SA

Getting help in South Africa

The Master of the High Court (justice.gov.za) oversees deceased estates, receives wills after death and manages the Guardian's Fund. Attorneys, banks and fiduciary companies draft wills; if they are named as executor, ask about the executor's fee in advance. Legal Aid South Africa (legal-aid.co.za) may help with estate disputes if you qualify.