Estate Law

Wills and Deceased Estates

A valid will lets you decide who inherits your estate. Without one, the Intestate Succession Act distributes your assets by fixed formula — which may not match your wishes. Deceased estates are administered by an executor under the Master of the High Court's supervision.

Key facts

• A will must be in writing, signed on every page by the testator and two competent witnesses (who must not be beneficiaries).
• Anyone 16 or older can make a will; witnesses must be 14 or older.
• Estates over R250 000 require formal administration with letters of executorship.
• Executor's remuneration is capped at 3.5% of gross assets (plus VAT) unless the will provides otherwise.
• Surviving spouses (including customary and religious marriages recognised by case law) inherit a child's share or R250 000, whichever is greater, on intestacy.

The law that applies

• Wills Act 7 of 1953 — ss 2, 2A, 4
• Intestate Succession Act 81 of 1987 — s 1
• Administration of Estates Act 66 of 1965 — ss 13–35

Leading cases

Practical steps

1. Draft a will naming an executor, beneficiaries and guardians for minor children.
2. Sign it correctly with two independent witnesses.
3. On death, report the estate to the Master within 14 days and lodge the will.
4. The executor advertises, collects assets, pays debts, and distributes per the liquidation and distribution account.

Frequently asked questions

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.