What happens when someone dies without a valid will? It is a question most of us would rather not think about. But a recent court case suggests it is worth our attention.
In Perumal v Janse van Rensburg NO and Others [2025] ZAGPPHC 145, the North Gauteng High Court ordered the Master of the High Court to accept an unsigned amended will for estate administration purposes. The case turned on Section 2(3) of the Wills Act 7 of 1953, which allows a court to instruct the Master to accept a document that does not meet formal requirements, but only under certain circumstances.
The judgment offers a window into what can happen when a will is left unsigned. It also shows how far a court may go to protect the final intentions of the deceased. For the rest of us, it is an opportunity to reflect on whether our own affairs are in order.
There are many people who do not have a Last Will and Testament. More concerning is that many are unaware of the importance of having one.
A will is a document that states what should happen to your property after you pass away. It nominates a responsible person to act as your Executor, someone who will manage your estate until everything is finally distributed. Every person, whether young or old, who owns assets and property should have one.
What happens if you die without a will?
If you die without a valid will, your estate dissolves according to the Intestate Succession Act of 1978. This means your assets are divided among your surviving spouse, children, siblings or parents according to a set formula, not according to what you might have wished.
Beneficiaries you never intended to inherit may end up with more than those you truly care for. In some cases, the people closest to you may be left with no legal entitlement to your estate at all.
Dying "intestate" also means a longer process to appoint an executor, and the person appointed may not have been your choice. Business continuity becomes impossible until an executor is in place, often resulting in lost income. No trust can be set up for minor beneficiaries, meaning their inheritance is sold for cash and deposited into the Guardians Fund.
And beyond the financial and administrative burdens, the absence of clear instructions can lead to conflict and disputes among grieving family members. Conflict that could have been avoided.
What a will does
A valid Last Will and Testament does more than simply divide assets. It allows you to appoint guardians for minor children. It ensures your loved ones know what you owned and what you wished for them. It can also help limit taxes on deceased estates.
Your will cannot expire. It remains valid forever unless revoked by a newer will.
Some people consider having more than one will, often in an attempt to reduce taxes. This is not advised. Multiple wills create confusion and conflict after death, and the legal processes involved are complicated. The documents must work together, and they often do not.
A word of caution
While the Perumal case shows that a court may, in exceptional circumstances, accept an unsigned will, it is far safer to ensure your will is properly drafted and signed. Members of the public are strongly encouraged to consult a lawyer when drafting their will to ensure it is valid and reflects their true intentions.
In the end, having a valid Last Will and Testament is about more than assets. It is about protecting the people you leave behind from unnecessary stress, delay and dispute. It is about ensuring your wishes are honoured. And it is about giving yourself the peace of mind that comes from knowing you have done right by those who matter most.
Lasanthan Pillay, Attorney and co-founder of Pillay Cohen Attorneys Inc.