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.
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Topic: Inheritance | Show questions and answers for all topics
Will my late father's assets go to my stepfather if my mother and stepfather separate?
If your mother and her new husband are married in community of property, they share an undivided and equal joint estate.
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.
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.
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.
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.
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.
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.
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.
How can I claim Government Employees Pension Fund inheritance if I was born out of wedlock?
You may need to contact the GEPF to follow up. A child who is financially dependent on the member can receive a GEPF child pension until they are 22 years old.
If I was a baby when my father died, do I qualify for the Government Employees Pension Fund even if my mother was the only one nominated as a beneficiary?
Dependents under the age of 22 qualify for GEPF benefits. If you were not nominated, the GEPF has the right to overrule the list of beneficiaries to include you.