If you pass away without a valid Will, you are said to have died “intestate.” Your estate will then be distributed according to a fixed legal formula set out in the Intestate Succession Act. This means you have no say in who inherits your assets.
The law prescribes a specific order of inheritance, typically starting with your spouse and children, followed by parents and siblings if you have no spouse or children. This process can cause significant delays, potential family disputes, and may result in your assets not being distributed as you would have wished. Your loved ones will also have to nominate an Executor to be appointed by the Master of the High Court, a process which can be time-consuming.
For a Will to be considered valid in South Africa, it must meet the strict requirements of the Wills Act. The most critical requirements are:
In Writing: The Will must be in writing (typed or handwritten).
Signed by the Testator: You (the testator) must sign at the end of the Will. If the Will is longer than one page, you must sign every page.
Signed by Two Witnesses: Two competent witnesses (who are 14 years or older and will not inherit anything from the Will) must sign the Will in your presence and in the presence of each other.
If these formalities are not correctly followed, the Will can be declared invalid, leading to your estate being treated as if you died intestate.
The person responsible for managing and finalising a deceased’s estate is called an Executor. The Executor is either nominated in the Will or appointed by the Master of the High Court if there is no Will.
The process, known as the administration of the estate, involves gathering all assets, paying any debts and taxes, and then distributing the remaining inheritance to the beneficiaries. The timeline can vary greatly:
Simple Estates: A straightforward estate might be finalised within 6 to 9 months.
Complex Estates: More complex estates, especially those involving businesses, property sales, or disputes, can take 18 months to two years or even longer to finalise. The process involves strict legal steps supervised by the Master of the High Court, and any complications can cause delays.
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