September Is Wills Month: What Really Happens If You Die Without a Will?

Every September, South Africa observes Wills Month — a reminder from the legal and financial services sector that a valid, up to date will is one of the simplest and most important documents you can have. Yet many South Africans still don't have one, often assuming there's time, or that “the law will sort it out.”

The law does sort it out — but not necessarily the way you'd choose. Here's what happens when someone dies without a valid will, and why that matters for you and your family.

What Is a Will, and Why Does It Matter?

A will is a legal document that sets out how you want your assets distributed after your death, who should administer your estate, and — if you have minor children — who you'd like to act as their guardian. Without one, none of these decisions are yours to make. They default to legislation.

Dying Without a Will: How Intestate Succession Works

If you die without a valid will, your estate is administered under the Intestate Succession Act 81 of 1987. The Master of the High Court oversees the process, and an executor is appointed — but instead of the person you would have chosen, it's someone nominated by your heirs (usually by majority agreement) and approved by the Master. If your family can't agree, the Master decides.

If you leave a spouse and children

Your spouse inherits either a “child's share” of the estate or a fixed amount. The remainder is divided equally among your children. This formula doesn't consider your actual wishes, your children's individual needs, or any informal arrangements your family may have discussed.

If you have more than one spouse

Where a person was validly married under customary law to more than one spouse, the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 extends intestate inheritance rights to all spouses, sharing according to a set formula. This area is technical and getting it right without a will can be complex and contested.

If you have no spouse or children

The estate passes to your parents. If one parent has already died, that parent's share passes to your siblings. With no surviving parents or siblings, the estate moves further up the family tree — and in the rare case where no heirs can be traced at all, it ultimately passes to the state.

If you're in an unmarried relationship

This is one of the most overlooked risks. Under intestate succession, an unmarried life partner has no automatic right to inherit, regardless of how long the relationship lasted. In 2021, the Constitutional Court (in the Bwanya matter) held that permanent life partners may, in certain circumstances, claim similar protection to spouses under the Intestate Succession Act and the Maintenance of Surviving Spouses Act. But relying on this means your partner would need to prove the relationship in court after your death — an uncertain, costly, and emotionally difficult process at the worst possible time. A will removes that uncertainty entirely.

Other Consequences You May Not Expect

Beyond who inherits, dying without a will creates practical problems that a will is specifically designed to avoid:

•          No say over your executor. An executor nominated in your will can be exempted from providing security (a costly bond) to the Master. An executor appointed under intestate succession usually cannot be exempted, adding cost and delay to the estate.

•          No nominated guardian for minor children. A will allows you to nominate a guardian for your children. Without one, this becomes a matter for the surviving parent, family members, or ultimately the courts to resolve — often at an already difficult time.

•          Minor children's inheritances go into the Guardian's Fund. Money due to minors is paid into the Guardian's Fund, administered by the Master, rather than into a trust structure you could have designed. Accessing funds for a child's maintenance or education requires a formal application, and the Fund's returns are typically modest compared to what a well-structured testamentary trust could achieve.

•          No provision for specific wishes. Bequests to a favorite charity, a business succession plan, specific instruction about a family asset — none of this exists without a will.

•          Longer, costlier administration. Disagreement among family members over who should be nominated as executors, or how assets should be divided, is a common source of delay and dispute in intestate estates.

Why a Valid Will Matters

A properly drafted, up-to-date will means:

•          Your assets go to the people you choose, in the proportions you choose

•          You nominate an executor you trust, who can be exempted from costly security

•          You can nominate a guardian for minor children

•          You can structure inheritances for minors or dependents through a trust

•          Your estate is administered faster, with less room for family conflict

Talk to Your Adviser

If you don't have a Will, or haven't reviewed yours in the last few years — especially after a marriage, divorce, birth of a child, or major change in assets — Wills Month is a good prompt to act. Speak to your Corona Financial Services adviser, who can help coordinate this with a suitably qualified attorney to draft or review your will as part of your broader estate plan.

This article is general information only and does not constitute legal or financial advice. Your individual circumstances should be assessed by a suitably qualified adviser and, for the drafting of the will itself, a practicing attorney.