If a person dies without a will, the person’s estate must devolve in terms of the provisions of the Intestate Succession Act. If the deceased person is survived by a spouse as well as a descendant, the surviving spouse inherits a child’s share of the estate or an amount determined from time to time by the Minister for Justice and Constitutional Development, whichever is the greater.

The latter amount has been increased to R250 000 from R125 000. Section 18(3) allows the Master of the High Court to dispense with the appointment of an executor and to give directions as to the manner in which such an estate will be liquidated and distributed. This only applies to estates under a certain value. The amount has been increased to R250 000.

Section 80(2)(a) and (b) states the natural guardian of a minor or curator of a person may not alienate or mortgage any immovable property belonging to the minor or the person under curatorship. They may only do so if they obtain authorisation from the court or the Master of the High Court, or in the case of a curator, by the will in terms of which that person was nominated.

The Master may authorise the alienation of immovable property, if; the value of the property does not exceed R250 000 (the amount has been increased from R100 000) and the alienation of the property would be in the interest of the minor or the person under curatorship.

The Master may authorise mortgaging the immovable property, if the mortgage amount does not exceed R250 000 (the amount has been increased from R10 000) and if the mortgage is necessary for the preservation or improvement of the property for the maintenance, education or other benefit of the minor or the person under curatorship.
Rather incorporate your financial estate planning into your will to avoid complications when winding the estate.