It is heart breaking to see the conflict created between children, where parents do not draft proper wills, and discuss the content thereof with their children.

In South Africa, if you die without a valid will, your estate is inherited to your family in terms of the Intestate Succession act of 1987.  This means that your estate will be divided amongst your spouse, children and other family according to a set formula.  What is this formula, and who is first in line?

Section 1 of the act states: 

• Where there is a surviving spouse, with no descendants:- Surviving spouse is the sole heir;
• Where there are descendants, but no surviving spouse: The descendants are the sole heirs;
• Where there is a surviving spouse and descendants: The surviving spouse inherits the bigger of a child’s share OR R250,000.00 (The amount is proclaimed in the Gazette from time to time); and the descendants inherit the residue;
• Where there is a only surviving parents, no children or spouse: - Parents inherit in equal shares;
• Where there is only one surviving parent, no descendants, but deceased parent leaves descendants: - Surviving parent inherits ½ (one half) share and descendants of deceased parent inherits the other ½ (one half share);
• Where there is only one parent that survived the deceased - Surviving parent is the sole heir;
• Where there is no surviving spouse, descendants or parents. Parents have died, but parents leave descendants (Brothers / sisters of the deceased): - Descendant of each parent inherit ½ (one half) of the divided estate;
• Where there is no surviving spouse, descendants or parents. One parent leaves descendants: - The descendants are the sole heirs of the estate;
• Where there is no surviving spouse, descendants or parents: - The closest blood relations inherit per capita;

As you can see a simple drafted will can ensure that your family is not bogged down with formulas and nitty gritties after your death.  Bless your family and get your will drafted today.