If you die without a Will your property will be distributed according to the rules set out in The Intestate Succession Act, 2019. This law does not take into account your wishes.
Your next of kin must generally apply for Letters of Administration to deal with your estate. The Administrator must distribute your estate in accordance with the Act. Taxes, debts and funeral expenses are paid first. The rest of your estate is then distributed according to the following rules...
Your entire estate goes to your spouse if...
Your entire estate also goes to your spouse if the value of your estate is not more than $200,000 and you have a spouse and children who were not children of the you and your spouse.
If the value of your estate is more than $200,000 and you have a spouse and children who are not children of you and your spouse, your spouse will inherit the first $200,000 or 50% of the estate, whichever is more. The remainder of the estate will be shared as follows...
A spouse includes a legally married spouse and an individual who has lived with the intestate for at least 24 months as a spouse. It is important to note that a spouse is not entitled to any of the estate if...
If you die without a spouse or any children or grandchildren, the estate will go first to...
It is important to note that distribution under this Act is still subject to claims by a dependant under The Dependant's Relief Act or a spouse under The Family Property Act.
PLEA can provide you with information to help you understand many legal matters you, a family member or friend may be facing.