It's always best to have your paperwork in place before your partner dies.
While dying without a will is complicated for married couples as it is – given that the estate will be held up in court while everything is sorted out under the Intestate Succession Act – the situation becomes a lot more complicated for those who cohabite.
In general, the practical consequences of dying without a will – the Gawie le Roux Institute of Law – says means unintended disinheritance as well as delays and additional costs among other issues while the estate is split up according to the law.
There’s an order of beneficiaries, the institute explains, which moved from spouses and dependents down the ranks. However, the law makes it more complicated for unmarried life partners to inherit, regardless of the relationship’s duration.
“Without a valid will, a long-term cohabiting partner may receive nothing – one of the starkest risks of dying intestate,” a post on its website says.
