Parentelic Distribution Chart

Part 3 (Distribution of Intestate Estates) in the Wills and Succession Act outlines the distribution scheme when someone dies without a will or leaves part of an estate that is not disposed of by will. If there is no immediate family and no will, the rules have changed with respect to the ultimate distribution of an estate. Section 67 of the Act describes the parentelic distribution scheme.

Parentelic Distribution Chart image

If intestate has no spouse, partner or descendants, then

  • No inheritance beyond 4 degrees of relationship on any line.
  • Step One: Estate goes to either or both parents. If both are dead, then to siblings and their descendants per stirpes (see section 66). Stop at grandnieces and nephews. (Follow the Squares)
  • Step Two: If none in that line, 50% of estate to each of maternal and paternal side, to surviving grandparents in equal shares. If none, then per stirpes to their descendants. But only to cousins, then stop. (Follow the Diamonds)
  • Step Three: If no relatives on one of maternal or paternal side, then 100% to the other side.
  • Step Four: If no one in the grandparent line on either side, repeat the process for great -grandparents. (Follow the Circles)
  • Step Five: If no one in the great-grandparent line, then estate goes to Unclaimed Personal and Vested Property Act.

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