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In South Africa, all of your assets and liabilities will be placed in an estate upon death. If you have a valid will, this will determine how your estate will be divided. However, if you do not have a will upon death, your estate will be divided in terms of the Intestate Succession Act 81 of 1987 (“The Act”). In this case, you do not have control over how your estate shall be divided, and who inherits.
Your spouse shall inherit the amount that is greater, and the descendants shall inherit whatever is left of the intestate estate.
(Descendants in intestate succession includes children born outside of wedlock and adopted children).
When you die and you do have a valid will, it provides you with security as to how your estate will be divided, and you are in full control. Here are a few errors to avoid when drafting your will:
Contact us for more information about our will drafting services. We're here to help you make sure your loved ones are looked after when you're no longer here.
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