South Africa's RDP homes stay in the family only with a title deed and a will

South Africans can keep a government-subsidised RDP home in the family after the owner dies, but two things have to be in place first: a title deed proving ownership and a will stating who should inherit it. More than 1.2 million South African households still do not have a title deed, according to Human Settlements Minister Thembisile Simelane, who told Parliament the backlog includes homes built both before and after 1994.

Without a title deed, a house cannot be sold formally, used as collateral or passed on with legal certainty, leaving families to prove ownership through the courts in a process that can take years even when there is no dispute. Homeowners who are unsure whether their home has a title deed can check at their local Deeds Office using the erf number, or contact the municipality's human settlements department.

Law firm Lange Carr Wessels says a properly written will makes it clearer who should inherit a home once ownership is confirmed. Where someone dies without a valid will, the law decides how their belongings are shared among those who qualify to inherit. National Wills Week runs from 14 to 18 September 2026, during which South Africans can get professional help to write a will for free. Justice and Constitutional Development Minister Mmamoloko Kubayi encouraged people to use the opportunity, saying the importance of wills is to avoid conflicts when somebody has passed away.

A will is not only for wealthy people: anyone with a house, car, savings or other belongings can use one to make clear what should happen to them, and it matters even more for parents with young children. Sanlam's 2026 Legacy Survey found that 65 per cent of South Africans do not have a will at all, and only 28 per cent have one that is signed, witnessed and safely stored. A testator must be at least 16 years old and understand what they are signing; the will must be in writing and properly signed, with two witnesses who will not inherit from it and are not married to anyone who will.

A will does not automatically decide who receives retirement fund money, because fund trustees must consider dependants and nominated beneficiaries before deciding how it is shared. Financial planner Solani Sibanda from NMG Benefits advises updating a will whenever life changes, including marriage, divorce, a new child, a new home or losing someone named in it, and warns against hiding the document. For RDP homeowners, the message is to check for a title deed and then make sure a valid will is in place.