The South African law of succession prescribes the rules which determine the devolution of a person’s estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased’s estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons (for example, beneficiaries and creditors) may have in a deceased’s estate. It forms part of private law.
Where the deceased dies leaving a valid will, the rules of testate succession apply. These are derived from common law and the Wills Act.