Game Changer for Spouses: The General Laws (Family Matters) Amendment Bill
New legislation seeks to allow asset redistribution for spouses married out of community of property upon death, correcting historical unfairness.
A landmark bill anticipated for 2025, the General Laws (Family Matters) Amendment Bill, is set to reshape inheritance law in South Africa. Its primary goal is to protect vulnerable spouses who were previously left without assets upon the death of a partner.
Redistribution of Assets
Historically, if you were married out of community of property without the accrual system, you had no claim to your spouse's estate beyond what was in their will. This often disadvantaged women who contributed to the household non-financially.
The new Bill empowers courts to order a "redistribution of assets" from the deceased estate to the surviving spouse if it is deemed just and equitable. This applies even if the marriage contract explicitly excluded accrual.
Why You Need to Review Your Will
This potential law change makes it critical to review your estate planning. A rigid will might be challenged in court. Consulting with a specialist like Ilse Marlow ensures your wishes are structured in a way that is both legally sound and fair to your loved ones.