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Writer's pictureYoushaa Cader

An overview of South African inheritance laws and how to create a will.




In South Africa, the law of intestate succession determines how a person's property is distributed when they die without a valid will. This means that if you die without a will, your property will be distributed according to a set of predetermined rules based on your relationships to your loved ones.


To ensure that your property is distributed according to your wishes, it's important to create a will. In South Africa, a will must be in writing, signed by the testator (the person making the will) in the presence of two witnesses, and must be dated. The witnesses must also sign the will in the presence of the testator.


There are several things to consider when creating a will in South Africa. For example, you should consider who you want to be the executor of your will (the person responsible for carrying out your wishes), who you want to inherit your property, and any specific gifts or bequests you want to make. You should also consider whether you want to include any provisions for guardianship of your minor children.


By creating a will, you can have peace of mind knowing that your property will be distributed according to your wishes after your death.

In closing

The above is mere guidelines and should not be accepted as legal advice. It is best to consult with an attorney from our firm for bespoke legal advice and guidance.




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