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

The long answer

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

If your grandmother left a will, saying who should inherit her house, that person would inherit the house. 

But if she did not leave a will, she is said to have died intestate, and the Intestate Succession Act of 1987 will apply in this way: if there is a surviving spouse and children, the property will be left to him and their children. If your grandmother has no surviving spouse, her estate would be divided by the number of her surviving children and her deceased children who left the issue (the living children of your grandmother’s deceased children). If you are the daughter of a still-living son or daughter, that son or daughter would inherit a child’s share, along with any other siblings. If you are the daughter of a deceased son or daughter, you (and any siblings) would share the child’s share of the deceased son or daughter.

I am assuming that your grandmother’s death was reported to the Master of the High Court, so that a Representative with the Letter of Authority could be appointed to wind up the deceased estate and see that the rightful heirs inherit. A death should be reported within 14 days. The family can nominate someone to be the representative with the letter of authority, but the Master will appoint the person.

If her death was not reported, these are the documents a person will need to report the death:

• Completed Death Notice (J294): This is the initial form you'll need to complete and submit. 

• Original or Certified Copy of the Death Certificate: This is proof of the deceased's passing. 

• Original or Certified Copy of Marriage Certificate (if applicable): If your grandmother was married, you'll need to provide this. 

• Original Will and Codicils (if any):

• Next-of-kin affidavit if there was no will

(All these forms are available at the Master’s office at the court.)

You could approach the Black Sash, which is an organisation that gives free paralegal advice and ask them to advise you on your rights.
These are their contact details:

• Black Sash 

•  Email: help@blacksash.org.za or info@blacksash.org.za 

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

Wishing you the best,
Athalie