South Africa Wills and Estates: Wills, Deceased Estates and Intestate Succession (2026)

South African law treats making a will, winding up an estate after death, and inheriting without a will as three connected but separate processes, each governed by its own Act. This section maps how they fit together and where to find the full guide to each.

Information last verified on 23 July 2026. This page provides general legal information about South African wills and estates law and does not constitute legal advice in an individual case.

Making a Valid Will

The Wills Act 7 of 1953 sets out fixed formalities for a will to be valid: it must be signed by the testator at the end, and on every other page, and it must be signed or acknowledged in the presence of two or more competent witnesses, present at the same time, who then attest and sign the will themselves. A common misunderstanding is that witnesses must sign every page too. They do not: only the testator signs each page, and the witnesses need only attest and sign once, on the last page. The full formalities, the disqualification of a witness who benefits under the will, and the effect of marriage and divorce on an existing will are covered on the making a will page.

The Master's Role in a Deceased Estate

The Master of the High Court supervises the administration of every deceased estate under the Administration of Estates Act 66 of 1965. Within 14 days of a death, the surviving spouse, nearest relative, or the person in control of the premises where the death occurred, must report it to the Master. Where the estate is worth R250,000 or less, the Master can dispense with a full administration and issue Letters of Authority under section 18(3) instead, a simplified route. Above that figure, the Master issues Letters of Executorship and the executor follows the full process: opening an estate account, advertising for creditors, and lodging a liquidation and distribution account for inspection. See the deceased estates page for the complete process, including executor remuneration and the Master's own fees.

Dying Without a Will

Where a person dies without a valid will, the Intestate Succession Act 81 of 1987 decides who inherits, in a fixed order: a surviving spouse alone, if there are no children; children alone, if there is no spouse; or, where both survive, the spouse takes a child's share or R250,000, whichever is greater, with the children sharing the rest. Where none of these survive, the estate passes to parents, then to siblings, following a further statutory ladder. Adopted and extramarital children inherit on the same footing as any other child. A separate Act, the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, adapts these same rules for estates governed by customary law, including polygynous marriages. See the intestate succession page for the full ladder and worked examples.

What Is in This Section

• Making a Valid Will (Wills Act Formalities): the signature and witness rules, the trap that disqualifies a witness who benefits, capacity, and how marriage and divorce affect an existing will.
• Winding Up a Deceased Estate (the Master): reporting a death, the R250,000 threshold, executor remuneration, and the administration timeline.
• Dying Without a Will: Intestate Succession: the statutory ladder, the child's share formula, and customary-law estates.

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This page is general legal information about South African law and is not legal advice. For advice on a specific situation, consult an attorney, or contact Legal Aid South Africa on 0800 110 110 if you cannot afford one.