In South Africa, inheritance laws heavily favor legal spouses and immediate family members. For unmarried couples, the lack of legal recognition can lead to unwanted complications when one partner dies. The absence of a formal marriage or civil union can leave surviving partners vulnerable, especially if no will is in place.

In this blog, we explore how intestate succession impacts cohabiting couples and why understanding deceased estate administration is crucial in protecting your partner’s rights and financial future.

No Automatic Inheritance Rights for Unmarried Couples

When a person dies without a will in South Africa, their estate is distributed according to the Intestate Succession Act. This law is designed to prioritize legal spouses, children, and other family members. However, for cohabiting couples, the situation is more complicated. Since South Africa does not recognize common-law marriages, cohabiting partners have no automatic right to inherit their partner’s assets unless they are explicitly named in a valid will. Without this, the estate is passed on to legal relatives, potentially leaving the surviving partner with nothing.

Even if the couple has been together for many years, the absence of legal recognition means that the partner's estate will go to their children, parents, or siblings. This makes it all the more important for cohabiting couples to understand their lack of automatic rights under the Intestate Succession Act and take the necessary steps to protect themselves.

The Role of a Will in Protecting Unmarried Partners

For unmarried couples, having a well-drafted will is the most effective way to ensure that your partner inherits your estate. A will allows you to bypass the default rules of intestate succession and explicitly name your partner as a beneficiary. This provides legal clarity and ensures your wishes are followed after your death. Without a will, the surviving partner could face legal challenges from the deceased’s family members, who may have the right to claim the estate under the Intestate Succession Act.

Additionally, drafting a will is not only about designating assets. It is an opportunity to specify how debts and liabilities should be handled and to identify an executor who can efficiently manage the estate. Having a will in place gives both partners peace of mind, knowing that their assets will be distributed according to their wishes rather than leaving it to the legal system to decide.

Avoiding Loss of Assets to Intestate Succession

If one partner dies without a will, the estate is automatically subject to intestate succession laws, which can lead to the distribution of assets in ways that do not align with the deceased’s intentions. For unmarried partners, this can result in the loss of shared assets, as the estate will be divided among legal relatives. To avoid this, unmarried couples should ensure that their assets are protected through careful planning.

A cohabitation agreement can be an additional layer of protection. While it doesn’t provide inheritance rights, it can document the financial contributions made by each partner during the relationship. This is especially important for major assets like property or joint bank accounts. A cohabitation agreement can support claims made by the surviving partner during the estate administration process, ensuring that their contributions are acknowledged, even if they are not the direct heir to the estate.

Deceased Estate Administration for Unmarried Couples

When someone dies without a will, deceased estate administration plays a crucial role in handling the assets, debts, and liabilities of the deceased. For unmarried couples, the process can be more complicated, particularly if there is no formal legal recognition of the relationship. In these cases, the estate administrator must follow the Intestate Succession Act, which prioritizes legal family members over life partners.

Cornell Horn Attorneys – Deceased Estate Administrators Cape Town

In South Africa, unmarried couples face significant legal challenges when it comes to inheritance. The Intestate Succession Act does not automatically protect cohabiting partners, making it essential for them to plan ahead. Drafting a will is the most effective way to ensure that your partner inherits according to your wishes and is not left vulnerable to the legal defaults of intestate succession.

At Cornell Horn Attorneys, we offer specialized deceased estate administration services in Cape Town. We understand how overwhelming it can be when a loved one passes away, so we handle all legal aspects, including settling debts and transferring assets according to the law. Our goal is to ensure a smooth and efficient process, giving you the peace of mind that everything is taken care of. Whether you're dealing with intestate succession or need help drafting a will, we’re here to guide you through every step.

Contact us to find out more.