The Intestate Succession Act determines the order in which persons will inherit from a deceased and it cannot be deviated from. An adopted child cannot inherit from his parent.
At the moment in the news is the story of the gentleman who died who left a R68 million estate without a will! He had a child many years before and the child was given away to be adopted by the mother. The child has now heard of this wonderful estate and is now challenging his adoption by saying that his mother was “forced” to let him (the child) be adopted and therefore he wants the adoption reversed, so that he can inherit from his now rich father…. It will be very interesting to see whether our Courts will declare the Intestate Succession Act unconstitutional or not.
If they do, this child will inherit his portion of the R68 million…. The point being that it is so important to rather have a will, as the unfair of effect that can be caused by the Intestate Succession Act can be big.
Or even worse, people can inherit from the deceased that he or she did not ever want to inherit from him or her.