Dad who was absent for 29 years can't inherit. What it means for you
The High Court in Johannesburg has declared a father unworthy to inherit from his son's R716,070 estate after he was absent for all 29 years of the son's life. Here is how the ruling works and its limits.
A father who was absent from his son's life for all 29 years of it cannot inherit from the son's R716,070 estate, the High Court in Johannesburg has ruled. Without the order he would have received about R358,000, half the estate (judgment, paras 9 to 10).
The son died of Covid-19 in July 2021 without a will. He had no spouse, partner, children, siblings or dependants, so the law would normally split everything equally between his two parents (judgment). His mother, the executor of his estate, went to court to stop the father from getting a share (IOL).
Who inherits if you die without a will?
The Intestate Succession Act decides. According to the Master of the High Court, the order is: your spouse, then your children and other descendants, then your parents (only if there is no spouse or descendant), then your siblings (only if one or both parents have died) (Master of the High Court).
The Act does not ask whether a parent was involved in your life. Blood ties are enough (IOL).
Why did the court block the father?
The mother first asked the court to declare that he was not a "parent" under the Act. She relied on a 2021 Pretoria judgment, Wilsnach, which read the word that way for a father who had abandoned his child (judgment, paras 1 to 3).
Acting Judge Frank Snyckers refused to follow that reading. He found the man was still a parent in law, but used an old common law rule instead: a court can declare an heir "unworthy" (indignus) to inherit (judgment, para 3).
The evidence, which the father never answered in court, was that he made a few payments early on, brought nappies in the first month and visited once in hospital when the boy was about a year old. After that there was no relationship and no support for the rest of the son's life (judgment, paras 4 to 8; IOL). The case was heard unopposed after he failed to file an answering affidavit by the deadline he had agreed to (judgment, paras 13 to 16).
The order: the father is unworthy to inherit, the rest of the application was dismissed, and legal costs come out of the estate (judgment, para 65). The judgment was handed down on 24 August 2025 and is now published in the South African Law Reports (Zalari Law Reports).
Does this mean every absent parent loses out?
No. The judge said the ruling covers only "complete and utter abandonment" of a child from essentially the start of the child's life. Parents who stayed partly involved, or who paid but missed big moments, are a question for "another day and another case" (judgment, para 61).
Even in this case the judge admitted a "great degree of hesitancy" and said that without the Wilsnach decision he might have seen it as "a bridge too far" (judgment, para 58).
How can you make sure an absent parent doesn't inherit from you?
The surest way is a valid will. The intestate rules above apply only when there is no valid will (Master of the High Court). Without one, your family may have to go to the High Court, as this mother did, and win.
Reported Team is not giving legal advice. For your own situation, speak to an attorney or the Master of the High Court.
FAQ
Can an absent father inherit from his child's estate in South Africa?
Normally yes, if the child died without a will and left no spouse or descendants. But in a judgment of 24 August 2025 the High Court in Johannesburg declared a father who had completely abandoned his son for 29 years unworthy to inherit, so he got nothing.
Who inherits if someone dies without a will in South Africa?
Under the Intestate Succession Act the order is the spouse, then descendants, then parents (only if there is no spouse or descendant), then siblings (only if one or both parents have died), according to the Master of the High Court.
Does the ruling apply to every parent who was not involved?
No. The judge said it applies only to complete abandonment of a child from essentially the beginning of the child's life. Less extreme cases will have to be decided by courts in future.
How do I stop a parent from inheriting from me?
Make a valid will. The intestate succession rules only apply when there is no valid will. Without one, family members would have to ask the High Court to declare the parent unworthy to inherit.