When Love Isn’t Enough: The Cost of Dying Without a Will in South Africa

You don’t plan to leave things unresolved, but life—and sometimes death—has its own timeline. A recent court judgement out of the Western Cape High Court has highlighted a painful truth: when someone dies without a will, the people closest to them can be left in turmoil, fighting for clarity and closure.

A Real-Life Heartache

When Wilfred Craythorne passed away unexpectedly in November 2024 without a will, his long-term partner, Ruansa van Eeden, was left in a deeply vulnerable position. She had lived with him, had access to his home,
and shared a life with him. Yet, when he died intestate, none of that carried automatic legal weight.

What followed was not a moment of comfort or solidarity—it was a court battle. Ruansa found herself having to prove her connection and stake in his estate, while his family contested her claims.

What the Court Found

In March 2025, the Western Cape High Court delivered its decision. Although many details of the judgment were anonymised, the heart of the matter was clear: without a valid will, Ruansa had no secure standing. Her role in Wilfred’s life was undeniable, but the law required written proof of his intentions.

Why a Will Matters

This case shines a harsh light on why estate planning is not just a formality:

Loved ones can be excluded:

If you die without a will, the law decides who inherits. Romantic partners, even those who shared your life, may be left with nothing.

Family disputes escalate:

Instead of mourning together, families can end up in court, locked in conflict.

Emotional and financial strain:

Legal processes take time and money—at a point when loved ones are already grieving.

Giving the Gift of Certainty

Drafting a will is one of the simplest yet most meaningful acts you can do for those you love. It ensures:

Clarity: Your wishes are clearly recorded, leaving no room for doubt.
Protection: Those who may not automatically benefit under intestacy laws—such as unmarried partners—are safeguarded.
Peace of mind: You can rest assured that your legacy will be preserved as you intended.

The Bottom Line

The Van Eeden case is not just about legal principles—it’s about people, love, and loss. It reminds us that without a will, the law—not you—decides what happens to your estate. And too often, that leaves loved ones sidelined and heartbroken.

A will is not morbid paperwork. It is a powerful document of love and protection. By planning ahead, you give your family the certainty they need when they need it most.