No one likes to think about death, but planning ahead can save your loved ones from conflict, confusion, and financial hardship. In South Africa, if you pass away without a valid will, the distribution of your estate is governed by the Intestate Succession Act. This law sets out exactly who inherits and in what proportions - but the results are not always what you would have chosen.

⚖️ How Intestate Succession Works

• If you are married in community of property, your surviving spouse automatically owns half the joint estate. Only the other half is distributed according to the law.
• The surviving spouse and your biological or legally adopted children will inherit the estate in equal shares.
• If the share of the estate due to a spouse is less than a prescribed minimum (currently R250,000), the spouse receives that amount first, and the balance is shared among the children.

👪 A Common Scenario: The Blended Family

Let’s imagine you die without a will, leaving behind:

• An ex-wife with two children from that marriage; and
• A new wife, married in community of property, with two children from your current marriage.

Here’s what happens:

1. Division of the estate: The joint estate with your new wife is split in half. She automatically keeps her half.
2. Distribution of your half: The other half of the estate must be divided between your surviving spouse (your new wife) and all of your children - including those from your first marriage.
3. Equal shares: If your half is R1,000,000, and you leave behind a spouse and four children, that half is divided into five equal shares. Your new wife would receive one share (R200,000), and each of the four children would also receive R200,000.
4. Ex-wife’s rights: The ex-wife does not inherit directly, but her children with you inherit their equal shares. She would likely act as their guardian until they are of age, which can cause tension with your new spouse.

❗ The Problems That Arise

• Your new wife may be left with less financial security than you intended, especially if your estate is small or tied up in property;
• Your children from different marriages may end up in conflict, especially if assets are not liquid; or
• Minor children’s shares may be paid into the Guardian’s Fund, limiting immediate access for their caregiver.

💡 Why a Will Matters

With a properly drafted will, you can:

• Decide exactly how your estate should be divided;
• Provide fairly for your spouse while also protecting children from previous relationships;
• Nominate guardians for minor children; and
• Avoid unnecessary conflict, delays, and legal costs for your family.

✅ How VDM Attorneys Can Help

At VDM Attorneys, we assist families in drafting wills that reflect their unique circumstances - whether it’s a blended family, complex assets, or concerns about dependants. Don’t leave your loved ones vulnerable to the default rules of intestate succession.

📩 Contact us today to draft a will that protects your family and your legacy.

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