What Happens if I Die in South Africa Without an Islamic Will?

It is essential to have a valid Islamic Will in place, as this ensures that your Estate is administered in terms of Shari’ah. If you do not have a valid Islamic Will, or any Will for that matter, the Intestate Succession Act would govern the administration of the Estate and your Islamic Heirs will potentially be at a disadvantage or even deprived, in terms of the inheritance they ought to have received as per the Islamic rules of inheritance. Even if the Heirs decide against intestate succession and choose to wind up such an Estate as per Islamic law, it can only be done via a redistribution agreement, which could lead to further tax implications.