Inheritance & wills in South Africa

Wills Act 7 of 1953 + Intestate Succession Act 81 of 1987 govern all South Africans. Section 2(2)(g) of the Wills Act explicitly recognises a Muslim’s freedom to distribute via wasiyyah. The 2017 Constitutional Court ruling (Hassam v Jacobs) confirmed Muslim marriages (including polygynous) qualify for estate purposes. United Ulama Council of SA + Muslim Judicial Council issue faraid rulings.

Wasiyyah up to one-third in writing, signed by the testator on each page in the presence of 2 competent witnesses aged 14+ (Wills Act s. 2(1)(a)). Notarial attestation optional.

Master of the High Court (Master of the High Court, Department of Justice). Deposit + execution oversight after death.

2 witnesses (Wills Act). Beneficiary witnesses forfeit their bequest (s. 4A).

Collecting authority

United Ulama Council of SA (UUCSA) · Muslim Judicial Council · SANZAF (South African National Zakah Fund)

Tax relief

Donations to s.18A-approved PBOs deductible against taxable income.

Maximum relief

10% of taxable income

Notes

SANZAF is the largest national Zakat distributor; UUCSA publishes annual Nisab in ZAR each Ramadan.

None — common-law freedom of testation. Maintenance of Surviving Spouses Act 27/1990 gives a needs-based maintenance claim (does not apply if explicit Islamic faraid is followed).

Master’s Office issues Letters of Executorship. Estate Late tax payable to SARS.

Cape Malay community traditionally Shafi‘i; Indian-origin community Hanafi. UUCSA publishes the annual Nisab in ZAR.

• Black-letter Wills Act trumps any unwritten oral wasiyyah — always put it in writing.
• Estate Duty (20% above ZAR 3.5M) applies — bequests to a surviving Muslim spouse are deductible.

• United Ulama Council of South Africa
• Muslim Judicial Council

• Is Islamic inheritance (faraid) legally recognised in South Africa?

  Wills Act 7 of 1953 + Intestate Succession Act 81 of 1987 govern all South Africans. Section 2(2)(g) of the Wills Act explicitly recognises a Muslim’s freedom to distribute via wasiyyah. The 2017 Constitutional Court ruling (Hassam v Jacobs) confirmed Muslim marriages (including polygynous) qualify for estate purposes. United Ulama Council of SA + Muslim Judicial Council issue faraid rulings.

• What makes an Islamic will (Wasiyyah) legally valid in South Africa?

  Wasiyyah up to one-third in writing, signed by the testator on each page in the presence of 2 competent witnesses aged 14+ (Wills Act s. 2(1)(a)). Notarial attestation optional.

• Where do I register my will in South Africa?

  Master of the High Court (Master of the High Court, Department of Justice). Deposit + execution oversight after death.

• Does South Africa have forced-heirship rules that override an Islamic will?

  None — common-law freedom of testation. Maintenance of Surviving Spouses Act 27/1990 gives a needs-based maintenance claim (does not apply if explicit Islamic faraid is followed).

• How does probate work in South Africa?

  Master’s Office issues Letters of Executorship. Estate Late tax payable to SARS.

• How many witnesses do I need for a will in South Africa?

  2 witnesses (Wills Act). Beneficiary witnesses forfeit their bequest (s. 4A).

• What are the most common Islamic-will pitfalls in South Africa?

  Black-letter Wills Act trumps any unwritten oral wasiyyah — always put it in writing. Estate Duty (20% above ZAR 3.5M) applies — bequests to a surviving Muslim spouse are deductible.