Inheritance in South Africa
What happens to your assets when you die in South Africa.
South Africa has a formal estate administration system run through the Master of the High Court. Here is how wills, intestacy and customary succession fit together, and what your family will need.
The legal frameworks
Which rules apply to a South African family.
Intestate Succession Act 81 of 1987
Applies when there is no valid will. A surviving spouse receives either a set statutory amount or a child's share, whichever is greater, with the remainder going to the children.
Wills Act 7 of 1953
Sets the formalities for a valid will.
Customary succession
The Reform of Customary Law of Succession Act may apply to families under customary law, so it is important to know which framework governs yours.
This is general information, not legal advice. Speak to a lawyer licensed in South Africa about your own situation.
What your family goes through
The process, in order.
- 1
Report the estate
Every estate must be reported to the Master of the High Court.
- 2
Letters of Executorship or Authority
The Master issues the document that lets the executor deal with the estate.
- 3
Administration and distribution
The executor collects assets, pays debts and then distributes under the will or the Intestate Succession Act.
Even with a formal system, estates stall when the executor cannot find the policies, accounts and property the person had. A clear, up-to-date record shortens the process.
Where Remayn fits
The part the law does not solve: knowing what exists.
Remayn keeps a private, encrypted record of your accounts, property, policies, wallets and documents. If you stop responding for the time you choose, it tells the next of kin you named where to look. It does not replace a will or a lawyer. It makes sure your family can find what the lawyer needs.
Guides for South Africa
Read next.
What Happens to Your Assets When You Die in South Africa?
Intestate succession and the role of the Master of the High Court.
GuideWhat Is Probate? A Plain-English Guide for African Families
What probate means and how it differs from Letters of Administration.
GuideWho Is Your Next of Kin? What It Actually Means (and Why It Is Not Automatic)
What next of kin means, and whether it gives anyone legal rights.
GuideEstate Planning for Africans: A Complete Beginner's Guide
Estate planning basics for adults at any level of wealth.
DiasporaThe African Diaspora Guide to Protecting Assets at Home and Abroad
How to make assets in Africa and abroad reachable for your family.
Women & FamilyWomen's Inheritance Rights in Africa: What the Law Actually Says
The gap between customary practice and statutory law for widows and daughters.
Questions
Inheritance in South Africa: common questions.
What is the Intestate Succession Act?
Who is the Master of the High Court?
Do I need a will in South Africa?
Can Remayn act as my executor?
What remains, lives on.
It takes about ten minutes to tell your family where everything is. Do it today, for them.
Coming soon