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Your Inheritance Rights in Gauteng — Intestate Succession and Wills

When a person dies in Gauteng, their estate must be administered under either a valid will (testate succession) or the Intestate Succession Act (if there is no will). Understanding your rights as an heir protects you from exploitation by estate agents and disputing heirs.

The Law That Protects You

Intestate Succession Act 81 of 1987 — Section 1
If a person dies without a valid will, their estate is distributed according to a formula: spouse first (with children sharing equally), then children, then parents, then siblings.
Administration of Estates Act 66 of 1965 — Section 8
Any estate over R250 000 must be administered by an executor appointed by the Master of the High Court. The executor reports to the Master and accounts to beneficiaries.

What To Do — Step by Step

  1. Report the death to the Master of the High Court in Gauteng within 14 days. The deceased's ID, will (if any), and estate inventory must be submitted.

  2. Apply to be appointed executor or nominate a family member or attorney. If there is a will, it nominates the executor.

  3. If there is no will, the Intestate Succession Act distributes: surviving spouse gets R250 000 or a child's share (whichever is larger). Children share equally.

  4. Challenge a disputed will in the High Court if you believe it is fraudulent, was made under undue influence, or the deceased lacked capacity.

Frequently Asked Questions

Can a surviving spouse be disinherited in Gauteng?
Not under intestate succession — the spouse and children are protected. However, a valid will can leave a spouse nothing (except for the accrual claim in certain marriages).
Do customary wives inherit in Gauteng?
If the customary marriage is registered and valid under the Recognition of Customary Marriages Act, the customary wife is a legal spouse and inherits accordingly.
How long does estate administration take in Gauteng?
A simple estate: three to six months. Complex estates (disputes, immovable property, businesses): one to three years or more.

Legal Resources in Gauteng

📋 CCMA: Johannesburg CCMA (011 377 6650) or Pretoria CCMA (012 843 1000)

⚖️ Legal Aid SA: Legal Aid South Africa — Johannesburg (011 877 2000) or Pretoria (012 325 1726)

🏛️ High Court: Gauteng Division of the High Court (Johannesburg: 011 335 0082 | Pretoria: 012 315 0868)

🏢 Magistrates' Courts: Johannesburg, Pretoria, Randburg, Soweto, Midrand, and other magistrates' courts

🏠 Rental Housing Tribunal: Gauteng Rental Housing Tribunal (011 355 4000)

Gauteng has the highest volume of labour disputes, housing evictions, and consumer complaints in the country. Multiple CCMA regional offices serve the province.