When someone dies without leaving a will, those left behind will be left with additional admin, that could have been avoided, on top of their grief. Scorpion Legal Protection explains the problems that can arise from not having a will.

Intestate Succession in South Africa

When someone dies without a will in South Africa, the Intestate Succession Act comes into play. This law distributes the deceased person’s assets among their relatives, however, it may not be in line with the deceased’s true wishes, potentially causing their assets to be allocated in ways they would not have wanted.

This lack of a clear will can lead to disputes and delays in asset distribution, causing family members to fight against each other and making an already difficult time even more trying.

Care for Your Spouse and Children

Without a will, the portion of the deceased’s estate that gets given to the surviving spouse might not be enough to cover their needs. The division of assets among children might also lead to unequal inheritances, which could spark conflicts and family upset. Furthermore, the deceased may have children that were not known by the family, and these children may be excluded from receiving their rightful inheritance, only to cause issues further down the line.

Assets Passing to Distant Relatives

In cases where the estate passes down to distant relatives, the lack of personal ties might create disagreements, and possibly even legal battles. This only increases the stress levels for those already dealing with grief.

Risk of State Inheritance

If no eligible relatives can be found, the assets might eventually become state property.

Complex Legal Processes

The complex legal process involved in intestate succession can be time-consuming and costly. It requires lawyers and court visits, which only add to the grieving family’s burden.

Not having a will can turn an already challenging situation into an emotional and legal minefield. It can strain relationships and erode a cherished legacy, leading to unintended consequences.

At Scorpion Legal Protection, we've got a solution. For all our legal and funeral plan members, we offer access to our Specialist Wills and Estates department. This is to encourage our members to take the essential step of drafting a will, ensuring that their family members are spared from the pain that arises when there is no will in place. Click here to find out more about our Legal policies, and here to find out about our Funeral Plans.

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*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.