Who Inherits If You Have No Will and No Spouse?
Dying without a valid will doesn’t mean your estate goes to the state. In South Africa, it means the Intestate Succession Act 81 of 1987 takes over and distributes your estate for you, according to a fixed order of priority. That order does not ask what you would have wanted, but it simply works down […]
High Court Invalidates Will and Declares Daughter Unworthy to Inherit
The North West High Court’s judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking about making one, or stands to inherit under someone else’s. It is a case about an elderly man, a disputed document, and the catastrophic consequences that […]
Can a Testator Disinherit Their Surviving Spouse?
The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse’s estate upon the marriage ending due to death. This claim lasts until the survivor’s death or remarriage and factors in estate value, the survivor’s financial circumstances, marriage duration, living standards, and age. It is widely recognised […]
The Intent to Revoke a Last Will and Testament
The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire to revoke their will and draft a new one. However, the court found that the necessary intent to revoke was absent, emphasising the importance of complying with the Wills […]
Are your heirs disqualifying themselves?
We all know that the will forms a vital part of the estate planning foundation. It is unfortunate then that the foundation of a deceased estate is so often left crumbling due to simple oversights in the drafting of the will. Just as with any piece of legal writing, the wording of your will matters. […]