Intestate Succession
Basic rules of Intestate Succession:
General rule: Except for the surviving spouse and legally adopted children, only blood
relations of the deceased and their descendants may inherit on intestacy. Blood relations
include children, grandchildren, parents, brothers, sisters, grandparents and anybody else
that is financially dependent on the deceased.
1. Deceased survived by spouse and no dependents s1(1)(a)
Spouse inherits alone
Example: David is married to Angelic. They have a daughter, Penelope and a son,
Kent. David, Penelope and Kent are in a fatal car crash where all three individuals
decease. David is survived by Angelic, his parents and his brother.
According to the laws of intestate succession, Angelic is the sole heir to David’s
estate. His parents and brother do not inherit.
David
David spouse
Angelic
Daughter:
Penelope
Son:
Kent
X
X
100% inheritance
If somebody dies, the ownership and control of his possessions must be transferred to
someone else. The deceased may dispose of these possessions by way of a valid will. If
the will was valid, his wishes will be carried out.
If a person dies without a will, or leaves an invalid will, his possessions must also be
transferred. Fixed rules as laid down in the Intestate Succession Act will then determine
who is to inherit his possessions.