Our expert says:
Family law expert
If a person does not draw up a Will his/her property will be divided amongst the spouse(if living) and all children.
If the person was married In Community Of Property and the totall Estate is R125 000.00 or less, the surviving spouse usually inherits all the property. If the property exceeds R 125 000.00, the balance over R 125 000.00 is divided equally between the spouse and the children.
Where there are no children , no parent, no brother or sister, the surviving spouse inherits the whole Estate.In this sitaution,if there are grandparents, aunts, uncles, nephews or nieces, they would not inherit. If the deceased's children have predeceased him , the deceased childrens' share will go to their children in equal shares. Where there are no children nor surviving spouse, the deceased's p[arents would benefit.
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