The short answer
The RDP house beneficiary is the person named on the title deed. That house will be inherited according to the will or according to the Intestate Succession Act of 1987.
The whole question
Dear Athalie
How can we remove a non-family member as the beneficiary of my late father's house and appoint a family member instead? My father appointed the present beneficiary by mistake. I have the title deed for the house.
The long answer
First, let’s clear up the confusion about who is the beneficiary of an RDP house: the person who is given the house and the title deed is the actual beneficiary of the house. So, in this case, the beneficiary is your late father. If he was married to your mother in community of property, and she is still alive, she will inherit half of the joint estate once all the debts are paid. If he left a will saying that another person must inherit his property, that person would inherit the other half of the joint estate.
If he did not leave a will, he is said to have died intestate, and the Intestate Succession Act of 1987 applies. It means that if there is a surviving spouse and children, the property will be left to her and the children. If there is no surviving spouse, the children will inherit in equal shares. If there are no children, the house will be inherited by more distant blood relatives. It is government policy that RDP houses should stay in the family.
You could ask Legal Aid for advice on how to proceed. They are a means-tested organisation, which means that if your income falls below a certain level, they must assist you.
These are their contact details:
0800 110 110 (Monday to Friday 7AM - 7PM)
079 835 7179 (Please Call Me)
communications2@legal-aid.co.za
Wishing you the best,
Athalie
Answered on July 8, 2022, 10:08 a.m.
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