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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.

Please note: GroundUp is just a news agency. We are not lawyers or financial advisors, and we have nothing to do with SASSA, Home Affairs, or any other government bodies. We do our best to make the answers accurate using publicly available information, but we cannot accept any legal liability if there are errors. If you notice any discrepancies, please email info@groundup.org.za.

Topic: Inheritance  |  Show questions and answers for all topics

Must the deceased's wives inherit the estate in equal shares if the first marriage is under civil law and the other is customary?

Not unless he wrote a will. You cannot remarry if you are still in a civil law marriage.

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If a couple is separated but not divorced, can the husband remarry?

Not without the first wife and the court's permission

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How will a deceased estate be split up if one spouse dies without a will?

Under a marriage in community of property, the surviving partner will inherit their deceased spouse's share of the estate.

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How can I ensure that only I inherit my father's house and not my step-siblings?

If your parents were married in community of property, your mother had the right to leave her share of the house to her other children.

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My late father transferred the title deed to his and his girlfriend's names without my mother's knowledge. What can she do?

Because your parents were married in community of property, your mother has claim to 50% of the joint estate and might be able to overturn the transfer.

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Can I be compensated for the money I spent on municipal services arrears of my late grandparents' house?

If you don't buy the house, your chances of recovering the money aren't very good.

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Can someone with dementia write a valid will?

It depends on whether the person has testamentary capacity, which is explained below.

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What happens if an underage child is left assets from a deceased estate?

The assets are kept in an account under the supervision of the Master of the High Court until the child turns 18.

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What happens with the title deed if there is no will?

The Intestate Succession Act of 1987 applies

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My late husband married another woman without my knowledge and left his estate to her. What can I do?

Because you did not agree to the second marriage, it is void. You can contest the will.

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