When a person dies without leaving a will, the law says the person died intestate. The law of intestate succession is followed in dividing up their property.

If a married person dies intestate, their property is shared equally by the other spouse and their children except that the spouse will get at least R250 000 so if the estate has less value than this, the children won’t get anything.

There are complicated rules for deciding who gets the property if the dead person leaves no spouse or children. You should ask an attorney for advice on this. If the dead person leaves no blood relatives at all, the property will go to the government.

If a couple are married according to African customary law, the same intestate rules set out above will apply. They will follow the same intestate rules set out above.

DOMESTIC PARTNERSHIPS (‘VAT EN SIT’)

There is a common misunderstanding that the law recognizes common-law marriages. Many people who have lived together for a period of time believe that they are entitled to a portion of what their partner owns. This is not true. It does not matter how long the parties have lived together there is no automatic legal protection for people who live together. If the people who live together are not married to each other, the partners cannot inherit property from one another without a will. No valid marriage means no legal protection.

Domestic partners can apply to the court to have a universal partnership declared. This is not easy because the person seeking a universal partnership must prove to the court the contributions that they made to the deceased person’s estate. A will is the best way for people in domestic partnerships to protect themselves.

Children born in domestic partnerships can claim maintenance from both parents.