Docstoc

Die Without Will

Document Sample
Die Without Will Powered By Docstoc
					• Deceased leaves no spouse or descendants, but
  both parents who are alive.
                                                                • The deceased is not survived by any relative.
                                                                  Only in this instance will the proceeds of the estate      the doj&cd
  His/her parents will inherit the intestate estate in equal      devolve on the state.                                      Department:
                                                                                                                             Justice and Constitutional Development
                                                                                                                             REPUBLIC OF SOUTH AFRICA
  shares.
• Deceased leaves no spouse and no descend-                     • What is the position with regard to an illegitimate
  ants but leaves one parent, while the deceased                  child of the deceased.
  parent left descendants (brothers/sisters of the                An illegitimate child can inherit from both blood rela-
  deceased).                                                      tions, the same as a legitimate child.
  The surviving parent will inherit one half of the intestate
  estate and the descendants of the deceased parent the         • What is the position with regard to an adopted
  other half.                                                     child of the deceased.
                                                                  An adopted child will be deemed
• Deceased leaves no spouse or descendants but                     - to be a descendant of his adoptive parent or
  leaves one surviving parent, while the deceased                     parents.
  parent did not leave any other descendants.                      - not to be a descendant of his natural parent or
                                                                      parents, except in the case of a natural parent who
  The surviving parent will inherit the whole estate.
                                                                      is also the adoptive parent of that child or was, at             Dying without
• Deceased does not leave a spouse or descendants or
                                                                      the time of the adoption, married to the adoptive                    a will
                                                                      parent of the child.
  parents, but both his parents left descendants.
  The intestate estate will be split into equal parts. One
  half of the estate is then divided among the descend-
  ants related to the deceased through the predeceased
  mother and the other half among the descendants
  related to the deceased through the predeceased
  father.

• Deceased does not leave a spouse, descendant or
  parents, but only one of the predeceased parents
  left descendants.
  The descendants of the predeceased parent who left
  descendants, will inherit the entire intestate estate.

• The deceased does not leave a spouse or descend-
  ants or parents or descendants of his parents.
  The nearest blood relation inherits the entire intestate
  estate.
DYING WITHOUT A WILL                                                deceased children who have left issue, plus the number of
                                                                    surviving spouses.
WHAT WILL HAPPEN IF I DO NOT LEAVE
A WILL?                                                             NOTE: In case of a marriage in community of property, one
• If you die without leaving a will or a valid will,                half of the estate belongs to the surviving spouse and, although
                                                                      it forms part of the joint estate, will not devolve according
  your estate will devolve according to the
                                                                          to the rules of intestate succession.
  Intestate Succession Act, Act 81 of                                                                                                  THE CHIEF MASTER     MASTER OF THE HIGH
                                                                                                                                       PRIVATE BAG X 81     COURT
  1987.                                                                    For more information on the Intestate Succession Act,       PRETORIA, 0001       PRIVATE BAG X 20584
                                                                           Act 81 of 1987 please consult the Act or your legal         T: 012 315 1698      BLOEMFONTEIN, 9300
                                                                           representative.                                             F: 012 315 1901      T: 051 448 2128
                                                                                                                                                            F: 051 447 6575
INTESTATE SUCCESSION – IF                                                                                                              MASTER OF THE HIGH
YOU DO NOT LEAVE A WILL                                                    The following two examples will illustrate what is said     COURT                MASTER OF THE HIGH
Any person of 16 years and over is free to                                 above about the child’s share:                              PRIVATE BAG X 5015   COURT
                                                                                                                                       KIMBERLEY, 8300      PRIVATE BAG X 5
make a will in order to determine how his/her
                                                                                                                                       T: 053 831 1942      JOHANNESBURG, 2000
estate should devolve upon his/her death.                                  Example 1 - Polygamous Marriage                             F: 053 833 1586      T: 011 333 2370
                                                                        Value of intestate estate is R1 000 000,00.                                         F: 011 333 2382
                                                                                                                                       MASTER OF THE HIGH
If you die without a will, your estate will devolve in               The deceased is survived by 2 spouses and 3 children.             COURT                MASTER OF THE HIGH
terms of the rules of intestate succession.                      A child’s share amounts to R200 000,00 [R1 000 000,00                 PRIVATE BAG X 5015   COURT
                                                                                                                                       THOHOYANDOU, 0950    PRIVATE BAG X 42
                                                                divided by 5 (3 children plus 2 spouses)].                             T: 015 962 1027      MMABATHO, 2735
What is said hereunder is not meant to replace the provisions                                                                          F: 015 962 1033      T: 018 387 5030
of the Intestate Succession Act, Act 81 of 1987. The            The child’s share is greater than R125 000,00. Therefore each                               F: 018 384 2815
information is merely to inform the reader about some of                                                                               MASTER OF THE HIGH
                                                                spouse will inherit R200 000,00 and each child will also inherit       COURT                MASTER OF THE HIGH
the basic questions asked about intestate succession.           R200 000,00 (R1 000 000,00 less R400 000,00 to the spouses,            PRIVATE BAG X 9018   COURT
                                                                divided by 3).                                                         CAPE TOWN, 8000      PRIVATE BAG X 1010
The rules of Interstate Succession can be summarized                                                                                   T: 021 410 8300      GRAHAMSTOWN, 6140
                                                                                                                                       F: 021 461 9316      T: 046 603 4000
as follows:                                                                                                                                                 F: 046 622 8560
                                                                                                                                       MASTER OF THE HIGH
• Deceased survived by a spouse or spouses but                                                                                         COURT                MASTER OF THE HIGH
                                                                                                                                       PRIVATE BAG X 60     COURT
  not by a descendant/s. The spouse or spouses are                                                                                     PRETORIA, 0001       PRIVATE BAG X 54325
  the sole intestate heirs.                                                                                                            T: 012 339 7700      KING WILLIAM’S TOWN, 5600
                                                                                                                                       F: 012 326 1977      T: 043 642 3568/9
                                                                                                                                                            F: 043 642 4522
• Deceased survived by a descendant/s, but not by                                                                                      MASTER OF THE HIGH
  a spouse. The descendant or descendants will inherit                                                                                 COURT                MASTER OF THE HIGH
  the intestate estate.                                                                                                                PRIVATE BAG X 2      COURT
                                                                Example 2 - Monogamous Marriage                                        CENTRAL HILL, 6006   PRIVATE BAG X 54325
                                                                Same as in example 1 only the child share is calculated by             T: 041 502 7407      DURBAN, 4000
• Deceased survived by a spouse/s as well as a                  dividing by 4. The surviving spouse and each child will inherit        F: 041 582 1497      T: 031 306 0123
  descendant/s. The spouse or spouses inherit the                                                                                                           F: 031 306 0126
                                                                R250 000,00
  greater of R125 000,00 per spouse or a child’s share,                                                                                                     MASTER OF THE HIGH
  and the children the balance of the estate. A child share                                                                                                 COURT
  is determined by dividing the intestate estate through                                                                                                    PRIVATE BAG X 9670
                                                                                                                                                            POLOKWANE, 0700
  the number of surviving children of the deceased and                                                                                                      T: 015 291 4300
                                                                                                                                                            F: 015 291 4320