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COVID and legacy planning

Remember Blue • December 19, 2020

Read Time: 5 min

COVID-19 has forced many individuals to play out various “what if” scenarios that were previously too uncomfortable to talk about. With many people working from home and engaging in long-term social distancing, our lives have changed and many are confronting the uncomfortable discussions related to their estate planning. 


Here are a few things you should consider related to your estate planning especially considering the current pandemic:


1. What happens with your estate if you die without a will


If you die without leaving a valid will, your estate will be managed according to the Intestate Succession Act, 1987 (Act 81 of 1987). Depending on who survives you, your estate will be divided according to a set formula.


  • If you have a spouse, but no children: Your spouse will inherit your entire estate. He/she will need to meet the definition of ‘spouse’ to qualify for an inheritance. Hence cohabiting couples may be at risk of being disinherited.
  • If you have children, but no spouse: Your children will inherit the entire estate equally. If any of your children have passed on, their children (your grandchildren) will inherit their share.
  • If you have a spouse and children: Your spouse will inherit the greater of either R250 000 or the child’s share which is calculated by dividing the estate by the number of surviving children, deceased children who have left offspring, plus the surviving spouse or spouses in the case of polygamous marriages. Your children will inherit equally from the residue of your estate. 
  • If you leave no spouse or children but both your parents are alive: Your parents will inherit your estate in equal parts. If you only have one surviving parent, that parent will inherit your entire estate.
  • If you leave no spouse or children and your parents are not alive: Your nearest blood relation will inherit the entire estate.
  • If you have no relatives and no legitimate heir has claimed against the estate after 30 years: Your estate will be forfeited to the state.

2. Practical difficulties due to COVID


In South African law, a will must be witnessed by two people who are not mentioned in the will. If you in isolation or in a long term social distancing situation, securing appropriate witnesses may be difficult. Technology such as Zoom, MS Teams and Google Meets  along with electronic signatures may provide a solution. However this is currently not recognized under South African law.

3. What can I do at home


With the extended amount of time being spent at home due to many of us working from home, you can start the process of getting your affairs in order. A consultation with an attorney or financial adviser can be done via telephone or video conferencing technologies. Understanding your specific options based on your unique requirements will enable the relevant documents to be prepared for your signature. 

Use the time now to either get started on your estate planning if you haven't already. 

You can store your important legal documents on Remember Blue. All important documents will be in a consolidated location for your family, friends and heirs.

© Remember Blue 2020
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