Have a will in order
Kwatsaduza - In the past, many black people did not see the need to draw up a last will and testament because culture determined who would inherit their possessions and estate upon death.
By drawing up a will, a person exercises their right to decide who inherits their property and possessions when they die.
Should a person die without a valid will in place, all property will be awarded to their heirs as determined by the Act of Parliament, the Intestate Succession Act, 81 of 1987.
The heirs of the deceased are determined by the Act when the deceased has failed to determine by will or contract how and to whom the property must be awarded.
A person’s intestate heirs are usually their next of kin.
In some cases, the heirs may not be the people the deceased wanted to inherit their possessions and property.
Vuyani Bulane (55), an elder in his community, still believes that culture should decide on the heirs to an estate.
The Constitutional Court made drastic changes in the customary law of succession in October 15, 2004.
In terms of that decision, all people who die without valid wills, irrespective of their culture, race or gender must administer to the terms of the Intestate Succession Act.
