Dying without a will: turmoil of legal rows over 'family homes'

When you die without a legal document designating who should inherit a property, a South African law divides it among family members in different percentages, which often causes major disputes. By David Dickinson

- David Dickinson

In South Africa, there are two ways of dying. With or without a will. A will gives instructions on distributing your worldly possessions. Dying without a will, or intestate, means your possessions are inherited by relatives in line with the Intestate Succession Act.

In theory, the act provides for intestate estates to be distributed in an orderly fashion. In practice, the result is chaos for many township families.

The single most common problem brought to the Orange Farm Advice Centre, which is partnered with Lawyers for Human Rights, is disputes over "family houses". Legally, there is no such thing as a family house, yet it has a very real existence.

When the apartheid-era township housing stock was transferred to permit holder(s), registering the property as a family house was not an option. Nevertheless, many houses were considered by their occupants to be owned by the family.

In this understanding, the property is available for any family members in need of a home, and the place of the ancestors where ceremonies are conducted. However, the law does not permit properties to be registered as a family house. What has followed is an epidemic of family house disputes.