Intestate Succession Calculator
South Africa
Statutory distribution calculator for South African deceased estates where there is no valid will. Grounded in the Intestate Succession Act 81 of 1987, including the life partner recognition amendment effective 3 April 2024 (s1(1A) — JMAA 15/2023).
Spouse minimum
R250,000
s1(1) ISA — per spouse
Child's share formula
Net ÷ (C + S)
Children + spouses
Life partner recognised
3 Apr 2024
s1(1A) JMAA 15/2023
Bona vacantia hold
30 years
State holds — then forfeits
What is intestate succession in South Africa?
Intestate succession defined
Intestate succession is the process by which a South African deceased estate is distributed when the deceased left no valid will, or when a valid will exists but fails to dispose of some or all assets. The distribution follows the rules in the Intestate Succession Act 81 of 1987 — a statute that establishes a strict hierarchy of heirs and a formula for calculating each heir’s share. The executor has no discretion over the distribution — the Act determines the outcome entirely.
The foundational formula under Section 1(1) is the child’s share: the net estate value is divided by the total number of children plus the number of surviving spouses. Each surviving spouse receives the greater of R250,000 or one child’s share — whichever is larger. Children receive one child’s share each. If there are no children, the surviving spouse inherits the entire estate. If there is no surviving spouse, the children share the estate equally.
A critical 2024 legislative change extended intestate rights to permanent life partners. The Judicial Matters Amendment Act 15 of 2023 added Section 1(1A) to the ISA, effective 3 April 2024, recognising permanent life partners who had a reciprocal duty of support as surviving spouses for intestate succession purposes. This reversed decades of case law that had excluded unmarried partners from intestate entitlement.
If no qualifying heirs exist at any level of the succession hierarchy, the estate passes to the State as bona vacantia(ownerless property). The State holds the estate for 30 years — if no heir comes forward within that period, the estate is forfeited permanently. Bona vacantia is extremely rare in practice because the ISA’s hierarchy extends to very remote relatives before the State is reached.
Statutory calculator
Calculate intestate distribution
The distributable value of the estate after all debts, liabilities, executor fees, estate duty, and administration costs have been settled. This is the net amount available for distribution to heirs — use the gross estate value minus total obligations.
Legally married spouses — civil marriage, customary marriage, or civil union. In polygamous customary marriages, each spouse counts separately. Do not include a life partner here — use the life partner toggle in Detailed Mode.
Biological children, legally adopted children, and children born outside of marriage all qualify equally. Include children from any relationship — the ISA does not distinguish between marital and extramarital children. Do not include grandchildren unless a child has predeceased the deceased (representation applies).
Intestate Succession Act 81/1987 · JMAA 15/2023 · s1(1A) eff. 3 April 2024
Awaiting calculation
Enter the net estate value and heir counts, then click Calculate. Use Detailed Mode to include a permanent life partner or parents and siblings.
Calculation methodology
How intestate succession works — step by step
Confirm the ISA applies
Intestate Succession Act 81/1987 — s1
The Intestate Succession Act applies when the deceased died without a valid will, or when a will exists but certain assets are not disposed of by the will. An invalid will — one that does not comply with the Wills Act 7 of 1953 (for example, not signed by two competent witnesses) — is treated as if no will exists, and the entire estate falls to intestate distribution. The executor must confirm the validity of any purported will before proceeding.
Identify all qualifying heirs
ISA s1(1)(a)–(d) — hierarchy of heirs
The ISA establishes four tiers of heirs in strict sequence. Tier 1: surviving spouses and children (including life partners from 3 April 2024). Tier 2: surviving parents. Tier 3: siblings (and descendants of predeceased siblings). Tier 4: remoter relatives. If there are heirs in an earlier tier, later tiers receive nothing. Only if there are absolutely no qualifying heirs at any tier does the estate pass to the State as bona vacantia.
Calculate the child's share
ISA s1(1) — net estate ÷ (children + spouses)
When there are both surviving spouses and children, the child's share formula is: net estate value divided by the total number of surviving spouses plus the number of children. Each person in this combined group receives one child's share. For example: net estate R1,200,000, one spouse, two children = child's share of R400,000. Each child gets R400,000. The spouse gets the greater of R400,000 or R250,000 — in this case R400,000.
Apply the spousal minimum entitlement
ISA s1(1) — R250,000 per spouse minimum
Each surviving spouse is entitled to the greater of R250,000 or one child's share. This minimum is per spouse — in a polygamous customary marriage, each wife receives the minimum separately. The minimum only matters when the child's share falls below R250,000 (i.e., when the net estate is relatively small relative to the number of heirs). When the minimum applies to spouses, children receive only what remains after the spousal minimums are satisfied.
Apply the representation principle for predeceased children
ISA s1(1) — descendants represent predeceased heir
If a child of the deceased predeceased the deceased but left their own children (grandchildren of the deceased), those grandchildren collectively inherit the share their parent would have received. This is the representation principle — the grandchildren step into the shoes of their parent. Each grandchild in the representing group receives an equal sub-share of their parent's notional share. This principle applies at every tier of the ISA hierarchy, not just to children.
Worked example
Net estate of R1,800,000 — one spouse, three children
The most common intestate scenario in South African estate practice: a spouse and children surviving. The child’s share formula determines both the spousal entitlement and each child’s share simultaneously.
Reference table
Intestate distribution by family composition
This table summarises the ISA distribution outcome for the most common family compositions. Use the calculator above for specific Rand amounts on any estate size.
| Family composition | Who inherits? | ISA section |
|---|---|---|
| Spouse only (no children) | Spouse inherits entire estate | s1(1)(a) |
| Children only (no spouse) | Children share equally | s1(1)(b) |
| Spouse + children | Each gets child's share; spouse minimum R250K | s1(1) |
| Multiple spouses + children | Each spouse gets R250K or child's share; children share remainder | s1(1) — polygamous |
| Life partner only (from 3 Apr 2024) | Treated as surviving spouse — entire estate | s1(1A) JMAA 15/2023 |
| Parents only (no spouse/children) | Parents share equally | s1(1)(c) |
| One parent surviving | Surviving parent inherits all | s1(1)(c) |
| Siblings only (no spouse/children/parents) | Siblings share equally | s1(1)(d) |
| No qualifying heirs | Estate → State (bona vacantia — 30 years) | s1(1) — bona vacantia |
2024 legislative change
Life partners now recognised as spouses — from 3 April 2024
The Judicial Matters Amendment Act 15 of 2023 inserted Section 1(1A) into the Intestate Succession Act, taking effect on 3 April 2024. This is the most significant change to intestate succession law in South Africa in decades. Before this date, unmarried permanent partners had no automatic intestate right — they could only claim if the deceased had made provision in a will, or through a maintenance claim against the estate.
The amendment recognises a permanent life partner as a surviving spouse for intestate purposes, provided the relationship involved a reciprocal duty of support. This means both partners must have had a legal or factual duty to support each other — the mere fact of cohabitation is not sufficient on its own. Evidence of the reciprocal support duty will become an important factual enquiry in estates where a life partner claims intestate rights.
Practical implication for executors: In every intestate estate from 3 April 2024 onwards, the executor must make enquiries about whether the deceased had a permanent life partner. Failure to identify a qualifying life partner and distributing the estate without providing for them may expose the executor to a claim by the omitted partner. This applies regardless of whether the deceased was also married — a life partner may share the estate alongside a legally married spouse.
Practitioner notes
Common mistakes in intestate succession
Mistake 1: Applying the R250,000 minimum to children
The R250,000 minimum entitlement under Section 1(1) applies only to surviving spouses — not to children. Children always receive one child's share, even if that share is less than R250,000. In a small estate with many children, each child may receive a very small share. Only the spousal entitlement has a floor. Applying the R250,000 minimum to children is incorrect and will produce a distribution that does not balance to the net estate value.
Mistake 2: Failing to identify life partners after 3 April 2024
Since 3 April 2024, permanent life partners with a reciprocal duty of support qualify as surviving spouses. An executor who does not enquire about the existence of a life partner and distributes the estate without accounting for them may face a claim from the omitted partner. The enquiry should be part of the standard information-gathering process in every intestate estate, alongside confirming the marital status of the deceased.
Mistake 3: Using the gross estate value instead of the net estate
The child's share formula and all intestate distributions are calculated on the net estate value — the gross estate after deducting all liabilities, executor fees, estate duty, and administration costs. Using the gross estate value will overstate each heir's share and will produce a distribution that cannot be funded from available assets. Always settle all obligations first and use the remaining distributable balance as the input to the intestate calculation.
Frequently asked questions
Intestate succession — common questions
What happens to an estate in South Africa if there is no will?
The estate is distributed according to the Intestate Succession Act 81 of 1987. The Act establishes a hierarchy of heirs: surviving spouses and children inherit first, sharing the net estate using the child's share formula. If there are no spouses or children, parents inherit; then siblings; then remoter relatives. If no qualifying heirs exist, the estate passes to the State as bona vacantia and is held for 30 years. The deceased's wishes are irrelevant — the statutory formula governs entirely.
How much does a surviving spouse inherit intestate in South Africa?
A surviving spouse receives the greater of R250,000 or one child's share of the net estate. The child's share is calculated as the net estate divided by the number of spouses plus the number of children. If the estate is small, the spouse receives R250,000 and children share what remains. If the estate is large, the spouse receives the same child's share as each child. In polygamous customary marriages, each wife counts as a separate surviving spouse and each receives the minimum separately.
Do life partners inherit intestate in South Africa?
Yes, from 3 April 2024. Section 1(1A) of the Intestate Succession Act (added by the Judicial Matters Amendment Act 15 of 2023) recognises permanent life partners who had a reciprocal duty of support as surviving spouses. Before this date, life partners had no automatic intestate right. The recognition requires proof of both permanence and mutual support — cohabitation alone is not sufficient. Executors must now enquire about life partners in every intestate estate.
Do children born outside of marriage inherit intestate in South Africa?
Yes. The Intestate Succession Act treats all biological and legally adopted children equally, regardless of whether the parents were married. The Act deliberately eliminated the former distinction between children born in and out of wedlock. A child who was given up for adoption inherits from their adoptive parents, not their biological parents — unless the adoption was by a stepparent, in which case the biological parent relationship is preserved.
What is bona vacantia in South African estate law?
Bona vacantia means 'ownerless property'. Under Section 1(1) of the ISA, if a deceased person has no surviving heirs at any tier of the hierarchy — no spouse, children, parents, siblings, or remoter relatives — the estate passes to the South African State. The State holds the estate for 30 years; if no qualifying heir emerges within that period, the estate is forfeited permanently. In practice, bona vacantia is extremely rare because the ISA's hierarchy of heirs extends to very remote relatives before the State is reached.
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Wandile Lokwe
FAIS Key Individual · CenturionAI (Pty) Ltd · 20 years South African financial services
This calculator encodes the intestate succession rules as they appear in the Intestate Succession Act 81 of 1987, including the life partner amendment (s1(1A)) added by JMAA 15 of 2023, effective 3 April 2024. All distribution rules and the R250,000 spousal minimum are sourced directly from the Act.
Statutory quick reference
Intestate Succession Act 81/1987 · JMAA 15/2023
Spouse minimum entitlement
s1(1) — per spouse
R250,000
Child's share formula
s1(1) — children + spouses
Net ÷ (C + S)
Life partner as spouse
s1(1A) JMAA 15/2023
3 Apr 2024
Extramarital children
s1(1) — no distinction
Equal
Adopted children
s1(1) — same as biological
Equal
Parents inherit when
s1(1)(c)
No spouse/children
Siblings inherit when
s1(1)(d)
No spouse/children/parents
Representation principle
Descendants step in
Yes
Bona vacantia hold period
State holds — then forfeits
30 years
Heir priority order
Spouses + children (incl. life partners from 3 Apr 2024)
s1(1)(a)–(b)
Parents
s1(1)(c)
Siblings
s1(1)(d)
Remoter relatives
Representation
State — bona vacantia
No heirs found
HIGH DISCLAIMER
Intestate distributions are legal determinations. This calculator provides indicative results only. Complex family compositions — including polygamous marriages, adopted children, and life partners — require a qualified estate attorney to confirm the correct distribution.
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