When a minor child (under the age of 18) inherits immovable property in South African law, several legal protections and procedures are triggered to safeguard the child’s interests. The applicable legal framework includes the Administration of Estates Act 66 of 1965, the Wills Act 7 of 1953, and the Intestate Succession Act 81 of 1987. The inheritance can occur either through testate succession (via a Will) or intestate succession (when there is no valid Will).
Under the Administration of Estates Act, when a person dies, their estate must be administered by an executor under the supervision of the Master of the High Court.
If a minor inherits immovable property, that property is registered in the child’s name, but because a minor lacks full legal capacity, they cannot manage or dispose of the property themselves.
The minor’s legal guardian, typically a surviving parent, will administer the property on the child’s behalf. If no suitable guardian exists, the Master may appoint a curator or tutor, or the inheritance may be administered via a trust created in the will or by the court.
The guardian cannot alienate or mortgage the immovable property without the Master’s consent. Should a guardian wish to sell the property, permission should be sought from the Master of the High Court or the High Court. If the value of the property is less than R250,000, the parents or guardians will be able to approach the Master's Office for permission, but if the value exceeds R250,000, an application will have to be brought in the High Court, the costs of which can be on the steep side.
Where the deceased left a valid Will, the Wills Act governs the position. A testator may leave property to a minor, and ideally, the Will establishes a testamentary trust to hold and manage the property until the minor reaches a specified age. The trustee then takes over the role of managing the immovable property, and the child becomes the beneficiary. This is a preferred method, as it avoids the administrative and legal challenges that arise when a guardian manages property directly.
In the absence of a valid Will, the Intestate Succession Act determines how the estate is distributed. If a minor child is a direct heir, such as in the case of the deceased being a parent, the minor becomes the legal owner of any immovable property due to them under the intestate rules of succession. Again, the property is registered in the child’s name, but administration is handled by the guardian or appointed executor under the Master’s supervision.
When the immovable property inherited by the minor is situated offshore, additional complexities arise. South African law generally defers to the law of the place where the property is located.
This means that the inheritance and transfer of such property will be governed by the local laws of the foreign jurisdiction. However, the South African executor may be required to liaise with foreign legal practitioners to ensure the property is transferred or administered appropriately.
South African law provides a structured framework to protect minor heirs, ensuring that their immovable property is properly administered until they reach majority. Whether through a will or intestate succession, the best interests of the child remain central. What constitutes the child’s “best interests” will vary from case to case and is dependent on the facts before the court.
Danette Breitenbach 20 Jun 2025
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