Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Inheritance  |  Show questions and answers for all topics

How can I make sure that the house my late wife and I shared will be inherited by our children and not my future wife?

You can negotiate an antenuptial contract with accrual with your new wife.

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The previous lawyer who dealt with my father's estate refuses to return money owed to us. What can we do?

You can lay a complaint with the Legal Practice Council.

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How can I access unclaimed money from my late father's bank account?

You cannot access your father's deceased estate, including his bank account, without permission from the Master of the High Court.

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What rights does a person with the power of attorney have over the rental of a house when the house owner dies while overseas?

All powers of attorney lapse when the owner dies.

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Is it legal for the Estate Administrators to finalise the deceased estates of my mother and my father concurrently?

The present executor is allowed to finalise the two estates concurrently.

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How can I transfer an RDP house which is in my father’s name to my mother’s name if he left the house to me and my siblings in his will?

If your parents were married in community of property, which is likely, then the RDP house belongs to them both, jointly.

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Can I amend my divorce order after 23 years if my ex-husband did not share his assets with me?

Yes, but the question of why you have left it for 23 years will be central to any consideration of varying the court order of divorce.

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What is needed to make a will?

There are a number of free will templates that you can download.

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If I inherit my father's house, do I still qualify for my own RDP? And can my daughter inherit it from me even if we have different last names?

You will not qualify for an RDP house if you inherit your father's house. Your daughter can still inherit from your estate if you have different last names.

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How can my siblings and I sell our late mother’s house without an executor being appointed?

It is not possible to sell the house before an executor is appointed.

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