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What happens if parents die without a will?
When both parents (a child's natural guardians) die at the same time without a will, the Intestate Succession Act No 81 of 1987 comes into force and the assets from both of their estates are monetised and paid into the Guardian’s Fund which will administer the children’s inheritance until they turn 18, and their inheritances will be distributed per stirpes and by representation. The Master of the High Court will also appoint guardians for minor children. If, however, the children are older than 18, the collective estate of the parents will be distributed to them per stirpes and by representation.