The hit television drama The Polygamist has become one of South Africa’s biggest talking points, sparking debate about love, loyalty, money and the realities of maintaining multiple households.
But beyond the scandals and family feuds playing out on screen lies a question many South Africans have probably never considered: what happens when the head of a polygamous family dies?
Who inherits the houses? What happens to the family business? And can a last-minute change to a will leave some relatives with nothing?
According to Adv Sankie Morata, CFP, chief executive of Sanlam Trust, these are not fictional problems.
“South Africa’s family structures are diverse, and estate planning needs to reflect that reality. If someone has multiple spouses, children and households, proper planning is essential to ensure their wishes are carried out and unnecessary conflict is avoided.”
Dying without a valid will
One of the biggest mistakes, Morata says, is dying without a valid will.
If that happens, the estate is distributed according to the Intestate Succession Act rather than the deceased’s personal wishes.
In customary polygamous marriages, if there are surviving spouses but no children, the estate is divided equally between the spouses.
Where there are multiple spouses and children, each spouse receives either R250 000 or a child’s share of the estate, whichever amount is greater. The remainder is then divided equally among the children.
While that may sound straightforward, Morata warns that dividing property or businesses among several households can quickly become complicated.
“Without proper planning, families may be forced to split or even sell valuable assets simply to settle the estate. That often creates conflict and destroys wealth that could have benefited future generations.”
Use trusts as part of an estate plan
Rather than allowing everything to be divided after death, Morata recommends using trusts as part of an estate plan.
Assets placed in either a living trust or a testamentary trust created through a will can continue generating income while benefiting multiple family members over time.
This can be particularly valuable where the deceased owned a business.
Instead of dividing ownership among several spouses and children, the business can remain intact within a trust while beneficiaries continue receiving financial benefits.
“It protects the asset instead of forcing families to break it apart.”
Vague language in drafting wills
Morata says one of the biggest mistakes people make when drafting wills is using vague language.
Simply writing “my wife” or “my children” may create confusion in families with multiple spouses and many children.
A properly drafted will should clearly identify every beneficiary by name, specify who inherits each property or asset, and distinguish between different households.
She also recommends including substitution clauses, ensuring that if a beneficiary dies before the person making the will, their share automatically passes to their descendants instead of falling back into the estate.
“This helps preserve the deceased’s wishes while protecting each branch of the family.”
Deathbed will
One storyline often explored in family dramas is the so-called deathbed will, when someone changes their will shortly before dying.
While such wills are legal in South Africa, they can be challenged if there are doubts about the person’s mental capacity or allegations they were pressured into making changes.
Under the Wills Act, anyone aged 16 or older may make a will provided they understand what they own, know who should inherit it and appreciate the consequences of their decisions.
Morata advises families to involve an attorney or testamentary specialist, use independent witnesses and, where necessary, obtain a medical assessment to confirm the person’s mental capacity at the time the will is signed.
Estate planning is about far more than deciding who gets what after death.
Morata says families should also review life insurance, beneficiary nominations, business succession plans, trusts and whether there will be enough cash available to settle debts and expenses after death.
“The goal is to make sure your family can continue living with stability after you’re gone, while preserving the legacy you’ve worked hard to build.”
For families with more complex structures, that planning could mean the difference between preserving wealth for future generations and years of costly legal battles.
- The TV drama *The Polygamist* has sparked discussions in South Africa about the complexities of polygamous family estate planning after death.
- Without a valid will, estates are distributed under the Intestate Succession Act, which can complicate inheritance when multiple spouses and children are involved.
- Adv Sankie Morata recommends using trusts to protect assets like family businesses, allowing them to generate income without being divided or sold.
- Wills in polygamous families should clearly identify beneficiaries and assets, avoiding vague language to prevent disputes and ensure wishes are honored.
- Deathbed wills are legal but can be contested; careful planning including attorney involvement and mental capacity verification is crucial to avoid future conflicts.
But beyond the scandals and family feuds playing out on screen lies a question many
Who inherits the houses? What happens to the family business?
“
One of the biggest mistakes, Morata says, is dying without a valid will.
If that happens, the estate is distributed according to the Intestate Succession Act rather than the deceased’s personal wishes.
In customary polygamous marriages, if there are surviving spouses but no children, the estate is divided equally between the spouses.
Where there are multiple spouses and children, each spouse receives either R250 000 or a child’s share of the estate, whichever amount is greater.
While that may sound straightforward, Morata warns that dividing property or businesses among several households can quickly become complicated.
“
Assets placed in either a living trust or a testamentary trust created through a will can continue generating income while benefiting multiple family members over time.
Instead of dividing ownership among several spouses and children, the business can remain intact within a trust while beneficiaries continue receiving financial benefits.
“It protects the asset instead of forcing families to break it apart.”
Morata says one of the biggest mistakes people make when drafting wills is using vague language.
Simply writing “my wife” or “my children” may create confusion in families with multiple spouses and many children.
A properly drafted will should clearly identify every beneficiary by name, specify who inherits each property or asset, and distinguish between different households.
“
One storyline often explored in family dramas is the so-called deathbed will, when someone changes their will shortly before dying.
While such wills are legal in
Morata advises families to involve an attorney or testamentary specialist, use independent witnesses and, where necessary, obtain a medical assessment to confirm the person’s mental capacity at the time the will is signed.
Estate planning is about far more than deciding who gets what after death.
Morata says families should also review life insurance, beneficiary nominations, business succession plans, trusts and whether there will be enough cash available to settle debts and expenses after death.
“
For families with more complex structures, that planning could mean the difference between preserving wealth for future generations and years of costly legal battles.
