Who inherits without a will in South Africa?

The spouse inherits a child's share, or a set amount fixed by the Minister of Justice from time to time, whichever is greater. The children share the rest.

With no children the spouse takes the whole estate, even if the parents are alive.

Children share equally. If there are none, the parents and the siblings, then other blood relatives, with the nearest taking. If none, the estate goes to the state.

Spouses of customary and some religious marriages are treated as spouses. A permanent life partner can claim in some cases through the courts.

There is no forced share, but a spouse or child who is left without support can claim maintenance from the estate.

The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.

South Africa belongs to the Mixed: civil and common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the South Africa legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in South Africa? →

• Department of Justice, South Africa