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.

Topic: Inheritance  |  Show questions and answers for all topics

Can I claim my late father's house after 18 years?

Yes, the procedure is the same regardless of when he passed.

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Why can't spouses married under Muslim rites claim deceased funds?

Marriages under Muslim rites are not yet legally recognised in South Africa.

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Can a title deed be transferred to a child?

Yes, if the child is between the ages of 7 and 18, and a parent or guardian is there to help.

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How can I change my children's Zimbabwean birth certificate details in SA?

There are pro bono and means-tested legal organisations who can help you.

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Why is my aunt liable for her late husband's debts if they were married out of community of property?

As the representative with the letter of authority, she is required to pay all his debts.

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Does SASSA register policies for disability grant recipients?

No, SASSA does not register policies for disability grant recipients.

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Will a letter of authority compel the deceased's company to pay out her provident monies?

No, you need to discuss the issue with the provident fund itself.

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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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