How can I obtain my late wife's death certificate to apply for a disability grant if her family refuses to give me the original?

The long answer

It is not legal for the family to withhold an original death certificate from you, the surviving spouse. You could apply for a court order to get the family to release it. But this might be a lengthy, expensive way to go, and may not be necessary, as you can get a certified copy from Home Affairs. 

Benaters says that there are two types of death certificates: abridged (or default) and unabridged (full copy). The unabridged (full copy) includes the cause of death.

Just Answer explains that a certified copy is an authenticated duplicate of an original document that has been signed or stamped by a designated official. For most legal purposes, it has the same evidentiary value as the original, particularly in situations where the originals are not available.

But it goes on to advise that you need to check whether a certified copy is sufficient or if you have to have the original for certain transactions.

As far as I could establish, a certified copy of a death certificate should be sufficient for a SASSA disability grant application, as long as it is stamped and signed by a commissioner of oaths, such as a police officer. In fact, all the documents that you have to present to SASSA for the disability application have to be certified. 

Legal Aid says that when applying for a disability grant from SASSA, all copies of documents must be certified, which means that they must be stamped and signed by a police officer or other commissioner of oaths. 

Legal Aid goes on to say that the applicant for a disability grant will be given a copy of the application or a dated receipt signed by the SASSA officer. This provides proof of the application.

You, as the surviving spouse, can apply for a copy of the death certificate from Home Affairs by completing Form BI-132 and submitting it with the ID of your deceased wife and a certified copy of your own ID. You could also make a sworn affidavit that you are the surviving spouse of your deceased wife. You would have to pay a fee of R75 for the death certificate. 

If you need more advice or assistance, you could contact Legal Aid or the Black Sash, which gives free paralegal advice. These are their contact details:

• Legal Aid
  Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 
  Please call me: 079 835 7179  
  Email: [email protected]

• The Black Sash
  Tel: 021 686 6952
  Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865
  Email: [email protected] and [email protected]

Wishing you the best,
Athalie