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In a recent ruling, the Constitutional Court decided that section 1(1) of the Intestate Succession Act is unconstitutional in that it does not include life partners in relationships intended to be permanent in the definition of “spouse”.
If you die without leaving a will in South Africa, the rules of intestate succession will apply as stipulated in the Intestate Succession Act 81 of 1987.
Any person above the age of 16 is entitled to make a will which determines how his or her estate should be distributed upon death.
In South Africa, it is a well-known fact that more than 70% of the people do not have a will, or their will is out of date or no longer relevant.
Many people spend their lives building up assets, only to have the whole process undermined by neglecting to have a will, or having one that does not reflect their wishes when they are no longer around.
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