When a person passes away, their assets, property and other possessions must be distributed to their heirs. This is the reason why is important to note if a person dies testate vs intestate.
In accordance to South African law, this process can either occur through intestacy or testacy, depending on whether the deceased person left a valid will.
The difference cam be explained as follows:
What does it mean to die Intestate?
Intestate refers to a person who dies without leaving a valid will. In South Africa, the Intestate Succession Act 81 of 1987 governs the distribution of assets in cases of intestacy. This means that when someone dies intestate, their assets will be distributed according to the laws of intestacy.
The distribution of assets in cases of intestacy is determined by the degree of relationship between the deceased person and their next of kin.
Therefore, the first priority is to the deceased person’s spouse and children. If the deceased person is unmarried and has no children, their assets will be distributed to their parents. If there are no surviving parents, the assets will be distributed to their siblings, and so on.
What does it mean to die Testate ?
On the other hand, Testate refers to a person who dies leaving a valid will. A will is a legal document that sets out how a person’s assets will be distributed after their death. When someone dies testate, their assets will be distributed according to the terms of their will.
It is important to note that a will must be properly executed in accordance with the provisions of the Wills Act 7 of 1953 in order to be considered valid in South Africa, this includes being signed by the person making the will in the presence of two witnesses who must also sign the will.
In conclusion, understanding the difference between testate vs intestate is crucial in South Africa as it determines how a person’s assets will be distributed after their death.
Therefore, it is advisable for individuals to consult with a legal professional and draft a valid will to ensure that their assets are distributed according to their wishes.
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