Myths and what the law says
Six things people often say — and what South African law actually says.
In short, with the section of the law. This isn’t legal advice: for your situation, ask an attorney or the Master’s Office.
01“My partner inherits anyway — we’ve been together 20 years.”
Not automatically. Without a will, spouses inherit — civil, customary and religious marriages included. Since a 2021 Constitutional Court ruling, a permanent life partner can inherit too, but has to prove the partnership and the mutual support. A will removes the doubt.
Intestate Succession Act 81 of 1987 · Bwanya v Master [2021] ZACC 51
02“If I inherit, I’ll have to pay my parents’ debts out of my own pocket.”
Debts are paid from the estate, before anything is shared out. The executor calls creditors in the Government Gazette and a local newspaper, and they get at least 30 days to claim.
s29 Administration of Estates Act 66 of 1965
03“A will I typed and signed myself is valid.”
Only if it’s signed at the end by you, in front of two or more witnesses present at the same time, who sign too — and every other page is signed as well. Witnesses must be 14 or older.
s1 and s2(1)(a) Wills Act 7 of 1953
04“The will we find at home, we just read as a family.”
Whoever has the original will must hand it to the Master as soon as they learn of the death. The Master checks it before the estate goes ahead.
s8(1) Administration of Estates Act 66 of 1965
05“There’s no rush with the estate — we’ll do it when we’re ready.”
The estate must be reported to the Master of the High Court within 14 days of the death, by the spouse or the nearest relative.
s7(1) Administration of Estates Act 66 of 1965
06“The pension fund pays whoever I wrote on the form.”
Not necessarily. Retirement fund trustees first look for everyone who depended on you, for up to 12 months, and share the benefit fairly. Your nomination form counts — but it isn’t the final word.
s37C Pension Funds Act 24 of 1956
In The Family File, each of these questions has its own line — so you answer them today, not your family later.