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Topic: Inheritance | Show questions and answers for all topics
If the deceased father did not leave a will, the law of Intestate Succession applies. If the son was not named on the title deed, he is not authorised to sell the house.
Your mother should probably lodge a request for a review of the Tshiamiso Trust decision.
Get a copy of the Trust Deed. You will then need a lawyer to make a court application to access the funds.
Search on the Financial Sector Conduct Authority database to find out whether there is unclaimed money due to your father.
You may still claim from the GEPF by proving financial dependence and trying to involve the brother through a meeting, affidavit, or sworn statements from other relatives.
You will have to go the municipality where your mother applied and ask them for their advice in this situation.
If your mother and her new husband are married in community of property, they share an undivided and equal joint estate.
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.
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.
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.