What happens if I die without a Will? - [Thread]
1. If you have a spouse & no children then your spouse will receive 100% of your assets. This does not apply to vat-en-sit partners. Only married persons.

2. If you have children & no spouse then your (adopted) children will inherit in equal shares. If one of your children are deceased & they have children (your grandchildren) they will inherit.

3. If you have a surviving spouse/s AND children, each spouse will inherit 250k or a child’s share (whichever is the greater). The children will inherit the residue (if any) in equal shares.

4. If there are no spouses and no dependents then your parents (biological or adoptive) will inherit in equal shares. If one parent is deceased then that parents children (your (half) siblings) will inherit.

4.1. Example: if your mom is alive - she inherits 50% and your dads children will inherit the other 50% - this may mean that siblings you have never met may inherit a portion of your assets.

5. If you have no spouse, no children, no parents then the children of both parents inherit i.e. all your (secret) siblings.

6. If you have no spouse, no children no parents, no siblings then other blood relations will inherit - nearest relation takes precedent. So malome, RAKGADI, cousins, grandparents etc

7. If you have nothing nothing nothing and you just roamed the earth one man then the proceeds of your estate will be held by the Guardian Fund for 30years. If unclaimed the funds belong to the state.

I have put together an e-guide which sets out issues of succession (the above & more), marriage and marriage contracts, divorce law and child maintenance. Get your copy here: https://sisterinlaw.co.za/product-category/products/

National Wills Week ends this Friday. During this week participating attorneys will be drafting basic Wills at no cost to you. Find an attorney near you here and book a session: https://www.lssa.org.za/our-initiatives/advocacy/national-wills-week/
@LawSociety_SA initiative.

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