EPISODE · Feb 27, 2026 · 33 MIN
Testate vs Intestate Succession
from Heart to Heart · host Sibongile Mofokeng & Lukho Mkwedi Phuthi
Lukho Mkwedi Phuthi wraps up Legal Junction with Mr. Pholoso Seakamela, tackling Testate and Intestate Succession through real-life scenarios and municipal property demolitions. Testate Succession: A valid will dictates asset distribution per the testator's wishes (Wills Act 1953)—legacies first, then residue to heirs—provided formalities are met. Intestate Succession: No will triggers the Intestate Succession Act 1987—spouse/children first (per stirpes), then parents/siblings; the state inherits as a last resort. Real Case: Municipal Demolition Law requires prior notice and a court order (Prevention of Illegal Eviction Act); unauthorized bulldozing violates property rights—seek an urgent interdict and damages. Mr. Seakamela advises: Draft wills now; contest unlawful demolitions immediately through legal aid. Tune in for practical protection that secures family legacies! Heart to Heart
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