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

If the deceased was married in community of property, can they leave their estate to someone else?

No, the deceased cannot leave the estate to someone else without their spouse's permission.

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Do my siblings have claim to the house left to me and our late mother by our late grandmother?

It depends on whether your mother left a will. You still have the 50% share left by your grandmother.

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My late grandfather had children with two women who he didn't marry. Do they have claim to his house?

The mothers don't but the children do have claim to the house.

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Can a wife inherit an RDP house if she was not listed as a beneficiary?

It depends whether or not the deceased left a will

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My aunt wants to transfer my late grandmother's house to her child. How can we keep the house as a family house?

If your grandmother died without a will, her estate should be divided equally between her children.

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Can I get an RDP house even though my late grandfather received one?

Unless you inherited his house, it shouldn't disqualify you from owning your own RDP house.

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My uncle took everything when my dad died because my parents were in a customary marriage. Is that right?

It was until 2004 when the laws changed to allow women in customary marriages to inherit.

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How can we stop our brother from selling our late father's house?

The property can only be sold with the written permission of all the heirs or if there isn’t enough cash in the estate to pay all the debts

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Does my late brother's child have a claim to our late mother's RDP house?

Yes, the Intestate Succession Act applies because your mother did not leave a will

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How can I get my stepmother to include me as a beneficiary of my late father's estate?

You might automatically qualify as a dependant if you meet the requirements of the pension fund, regardless of your stepmother's preference.

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