Who inherits without a will in South Africa?
In South Africa the spouse takes the larger of a child's share and a set amount, and the children share the rest.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
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.
A spouse survives, but no children
With no children the spouse takes the whole estate, even if the parents are alive.
No spouse: who comes next
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.
A partner who is not married
Spouses of customary and some religious marriages are treated as spouses. A permanent life partner can claim in some cases through the courts.
What a will cannot take away
There is no forced share, but a spouse or child who is left without support can claim maintenance from the estate.
If the person or the property is abroad
The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.
Understand the legal system first
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? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
A complete, editable will in Word and PDF.
Keep property out of probate, with clear fill-in fields.
How trusts work and why courts enforce them.
A short PDF reference book with self-check questions.
Support this free tool
This guide is free, and it takes a lot of careful work to build and keep up to date. If it helped you, you can leave a small contribution. No account is needed, and nothing is sold to you.
A one-time card payment through Stripe. It is a contribution, not a purchase, and it is not tax-deductible.
Other countries
AfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBhutanBosnia and HerzegovinaBotswanaBrazilBruneiBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCôte d'IvoireCroatiaCubaCyprusCzechiaDemocratic Republic of the CongoDenmarkDjiboutiDominicaEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFijiFinlandFranceGabonGambiaGeorgiaGermanyGhanaGreeceGrenadaGuatemalaGuineaGuinea-BissauGuyanaHaitiHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKosovoKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew ZealandNicaraguaNigerNigeriaNorth MacedoniaNorwayOmanPakistanPalauPalestinePanamaPapua New GuineaPeruPhilippinesPolandPortugalQatarRepublic of the CongoRomaniaRussiaRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSamoaSan MarinoSão Tomé and PríncipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth KoreaSouth SudanSpainSudanSurinameSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUzbekistanVanuatuVenezuelaYemenZambiaZimbabwe
TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
