Answers to your questions

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Topic: Inheritance | Show questions and answers for all topics

The government pension fund won’t process my child’s claim without an affidavit from a relative we don't know, despite proof of support and a willing extended family.

You may still claim from the GEPF by proving financial dependence and trying to involve the brother through a meeting, affidavit, or sworn statements from other relatives.

Inheritance

I’m the fideicommissary heir but my sister won’t give me the keys to our home after our mom, the surviving spouse, died. What can I do?

If the will names you as the fideicommissary heir, you may have a legal right to the property. Consult the Master’s Office for help.

Inheritance

My half-brother applied for an authority letter to claim our late father’s inheritance. How can we be included to get our share?

If your father died without a will, all four children are equal heirs and should have had a say in who got the letter of authority. You can write to the Master of the High Court over your concerns.

Inheritance

Am I entitled to my late father’s RDP house if I was listed as the only dependent, even though he had other children?

If your father died without a will, all his surviving children, including your half-siblings, are legally entitled to inherit the house equally under the Intestate Succession Act.

Inheritance

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

No, they cannot evict their deceased mother’s grandchildren from her house. Your uncle is entitled to a share of the home as is the dependents of his deceased sibling's children.

Housing Inheritance

My late grandmother only listed one dependant to benefit from her house but there are five of us. Can this still be amended?

No, it can’t be amended after her death.

Inheritance

What should I do if my late parent's attorney lost their will and title deed, and we can't get hold of them?

You should be able to get copies from the Master's Office where the death was registered.

Inheritance

Can I get my parent's RDP house if they passed away before getting the key?

If the house had been awarded to your parent before they passed away, you should be able to get the house (unless they wrote a will saying otherwise).

Housing Inheritance

Am I still entitled to my inheritance after my mother's death if my stepfather took everything and remarried?

I think you could make a strong case, in terms of intestate succession, as you were her child, and the new wife had no relationship with her.

Inheritance

If someone gave you their title deed before their death, would you have rights to the house even if your name is not on the deed?

Unfortunately, your name has to be on the title deed for it to count. If there was no will, the law of intestate succession would apply.

Inheritance