How can my siblings and I find out if our father left us any inheritance?

The long answer

If your father had left a will, he would have said who should inherit what, so I am presuming that he did not leave a will. In that case, the Intestate Succession Act applies, which lays down the order of inheritance in an intestate estate. 

First, any surviving spouses and children. (After the landmark judgement in the 2021 case of Bwanya v Master, the definition of spouse in the Intestate Succession Act now includes unmarried partners, as long as they can prove that they were in a permanent life partnership with “reciprocal duties of support”.)

Under the Intestate Succession Act, your right to inherit, as your late father’s children, will come before his brothers. This is the order of inheritance under the Intestate Succession Act:

• Spouses and Children

• Parents

• Siblings 

If your father was married in community of property, one half of the estate would belong to a surviving spouse, and so only your father’s half of the joint estate could be distributed among the heirs.

To work out what a child’s share of the estate is, the net value of the estate (after all debts have been paid) is divided by the number of children, plus children of pre-deceased children, plus the number of spouses. 

The representative with the letter of authority must see that the spouses get the greater amount between R250,000 and a "child's share". The remaining balance is divided equally between the children.

It goes without saying that the letter of authority does not give the representative any right to inherit the assets. Their job is to pay all the debts and see that the heirs receive what they are supposed to receive.  

It is supposed to take something like three weeks to get the letter of authority (J170) from the Master of the High Court, but in reality it could take a few months.

But from the time that the death is reported, a deceased estate comes into being. This means that your father’s bank accounts are frozen to prevent theft and fraud, and no one is allowed to sell or dispose of any of the assets of the estate.  

The representative with the letter of authority must open a new bank account in the name of “Estate of Late Mr Madlavana” so that your father’s bank account is closed and the bank must transfer the money to the new “Estate Late Mr Madlavana” bank account. The representative will need to provide the bank with the following documents:

• Death Certificate

• Deceased’s ID

• Letter of authority  

The bank can verify if your father had active accounts, safety deposit boxes, or investments at the time of his passing. 

The representative with the letter of authority has the legal right and duty to investigate the deceased’s financial affairs. The representative can use your father’s ID number to check at the Deeds Office whether any properties are registered under his name.  

The Chief Master of the High Court has established a helpline where more information can be obtained. The number of this helpline is 012 406 4805, or e-mails can be directed to chiefmaster@justice.gov.za.

You can also contact Legal Aid to ask for further advice.  It is a means-tested government organisation that must help people who can’t afford a lawyer. These are their contact details:

• Legal Aid

Email: communications2@legal-aid.co.za

Legal Aid Advice Line (Toll-free): 0800 110 110

Legal Aid Ethics Hotline: 0800 153 728

Please-Call-Me number: 079 835 7179

Wishing you the best,
Athalie