In many African families, especially in places like the old Orange Free State, Natal, Transvaal, and the Cape, we’ve followed our traditions for generations when it comes to dividing a loved one’s estate.

Post 1994 the South African law changed, however there are still a few misconceptions in our African Culture regarding the distribution of the deceased’s estate.

Let’s clear up these common myths:

1. Myth 1: “Only a male child can inherit.”

   Traditionally: The eldest son or male relative would take over everything.

   Post 1994: Sons and daughters inherit equally. According to our Constitution everyone should be treated equally irrespective of their gender. Both boys and girls have the same right to inherit.

2. Myth 2: “Illegitimate children can’t inherit.”

   Traditionally: These children were often left out or ignored.

   Post 1994: All children—whether born in or out of marriage can inherit from both parents, as well as from their blood relations, and vice versa.

3. Myth 3: “A wife can’t inherit, or the husband controls everything.”

Traditionally: The man was seen as the head, and when he died, his property would go to male relatives or sons.

Post 1994: A surviving wife (or husband) can inherit, and in many cases, she may be the main or only heir—especially if there’s no will.

Spouses have strong legal rights to inherit from each other.

Our culture is important, and we must respect our elders and traditions. But we also need to know what the law says—because the law protects everyone, especially women and children who were often left out before.

Let’s keep the values of love, respect, and fairness, but let’s also make sure we don’t leave anyone behind.