Can the only surviving adult child evict the grandchildren from their late grandmother’s house if there is no will?

The long answer

Unfortunately, your grandmother’s verbal instructions do not carry any legal weight. But as she did not leave a will, the Intestate Succession Act of 1987 applies in this way: if there is no surviving spouse, her surviving child (your uncle) is entitled to a child’s share and the surviving children of her four deceased children share the child’s share of their deceased mother or father. Three of your grandmother’s deceased children have descendants.

A child's share is calculated by dividing the estate's value by the number of surviving children, deceased children who have left descendants and surviving spouses.

So, to model how it works: if each of the three deceased siblings who had children had one child each, each child would inherit the share of their mother or father, along with your uncle. If one deceased sibling had two or more children, these children would split the share of their parent.  

Thus, your uncle cannot evict his deceased mother’s grandchildren from her house.

If you need to take legal advice, you could contact Legal Aid, which is a means-tested organisation that must assist people who can’t afford a lawyer.

These are their contact details: 

• Legal Aid 

Email: [email protected]

Tel: 0800 110 110 (Monday to Friday 7am to 7pm)

Please Call Me: 079 835 7179 

You could also approach the Black Sash which gives free paralegal advice:Email: [email protected] and [email protected]

Tel (national office): 021 686 6952

Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865.

Wishing you the best,
Athalie