Who Inherits What (No Will)
When there is no valid will, the Intestate Succession Act 81 of 1987 decides who gets what. It is a fixed formula and it does not follow what the family thinks is fair. This runs the formula on your situation.
Includes a civil marriage, a civil union, and a customary marriage recognised under the Recognition of Customary Marriages Act 120 of 1998.
Enter the whole joint estate. Half of it is already the surviving spouse's and is not inherited.
More than one only where there is a valid polygynous customary marriage.
Include adopted children and children born outside marriage. Exclude stepchildren who were never adopted.
Their branch still inherits, and their own children share that branch's portion between them.
The result
| Who | Each receives | Total |
|---|---|---|
| Surviving spouse - own half of the joint estate Not an inheritance. This was already theirs. | R600 000 | R600 000 |
| Surviving spouse - inheritance A child's share is only R200 000, so the spouse takes the R250 000 minimum instead. | R250 000 | R250 000 |
| Descendants - 2 branches Divided per stirpes. Each predeceased child's branch is shared among that child's own descendants. | R175 000 | R350 000 |
| Total | R1 200 000 |
A child's share is the distributable estate divided by the number of branches of descendants plus the number of surviving spouses: R600 000 ÷ (2 + 1) = R200 000. Each spouse takes that or R250 000, whichever is greater.
- Retirement fund death benefits. The fund's trustees allocate these among dependants under section 37C of the Pension Funds Act, on their own criteria, regardless of the Act or a will.
- Life policies with a named beneficiary. These pay that person directly.
- Assets held in a trust. They were never the deceased's.
- A maintenance claim by a surviving spouse under the Maintenance of Surviving Spouses Act 27 of 1990, or by a dependent child. These are settled before distribution.
- An accrual claim where the marriage was out of community with accrual. Settle it before entering the estate value above.
Per stirpes, not per head
This is the rule that surprises families most. If the deceased had three children and one of them died earlier leaving two children of their own, the estate is still divided into three branches. The deceased child's third is then shared between their two children, so each grandchild receives a sixth. It does not become a five-way split between the two surviving children and the three grandchildren.
Frequently asked questions
How much does a surviving spouse inherit if there is no will?
A child's share or R250,000, whichever is greater. A child's share is the estate divided by the number of branches of descendants plus the number of surviving spouses. Where there are no descendants at all, the spouse inherits the entire estate.
Where does the R250,000 come from?
It is fixed by the Minister of Justice by notice in the Gazette under the Intestate Succession Act, and was set at R250,000 in November 2014. The Master of the High Court publishes it as the current amount.
What if there is more than one spouse?
Each spouse takes a child's share or R250,000, whichever is greater. If the estate cannot give every spouse R250,000, the estate is divided equally between the spouses and the descendants receive nothing.
Do stepchildren inherit?
Not by intestate succession, unless they were legally adopted. Adopted children inherit from their adoptive parents exactly as biological children do.
Does a live-in partner inherit?
Not automatically as a spouse. The position of permanent life partners who were never married has been litigated repeatedly in South Africa and depends on the facts and the current state of the law. Take advice on the specific situation.
Can the family agree to divide it differently?
Yes, afterwards. Heirs who are all of full legal capacity can sign a redistribution agreement and the executor accounts on that basis. Where a minor is an heir, the Master's consent is required and is not automatic.
Where these figures come from
- Intestate Succession Act 81 of 1987
- Master of the High Court: intestate succession rules and the R250,000 amount - amount fixed by GN 921 of 24 November 2014
- Recognition of Customary Marriages Act 120 of 1998 - recognised customary spouses are spouses for intestate succession
Related
This page is general information about South African law, not legal, tax or financial advice, and it does not create any professional relationship. Every estate is different and the outcome can turn on facts not covered here. Figures verified 15 August 2026 against the Administration of Estates Act 66 of 1965, the Estate Duty Act 45 of 1955, the Intestate Succession Act 81 of 1987, the Wills Act 7 of 1953, the Master of the High Court and SARS. Rates and thresholds change. Before you act on anything here, confirm it with the Master's office handling the estate or with an attorney.