The short answer
Pension funds have different rules. Here's what you can do.
The whole question
I am an illegitimate child and didn't receive any money from my father's pension funds when he passed away. I was told that because he was married, only his wife and legitimate child received the money. He was still paying child maintenance for me at the time of his death and did not have a will. He also had a house, but since his wife also passed away, it's being occupied by relatives because no one lives there. Was it right for me to have received nothing from my father's pension fund?
The long answer
Thank you for your email asking if it was right to have received nothing from your father’s pension funds when he died without a will, and was still paying child maintenance for you at the time of his death.
Pension funds have different rules, but most pension funds will recognise that you were clearly one of his dependents, as he was paying maintenance for you.
Perhaps when the lockdown is over, you could approach your father’s employer and ask which fund he belonged to, so that you can ask the fund’s administrators to explain how the benefits were paid out, and why you were excluded. You should take your ID and his ID if you have it, or at least his full name and date of birth, and any proof you have of your father’s child maintenance payments.
In terms of your father’s house, the fact that he died without a will means that the Law of Intestate Succession applies. That means that if there is no surviving wife, the property will be left to his descendants. That would be you and the legitimate child, so in theory you should each inherit half of the house.
Once the lockdown is over, perhaps you could meet with the legitimate child and discuss your claim to half the house with her. She should know that the Constitutional Court has ruled that illegitimate children cannot be discriminated against in terms of section 9(3) of the Constitution, which stands for an open and democratic society “founded on the values of equality, human dignity and freedom.”
You could ask the municipality what you should do to establish your claim. You could also ask Legal Aid to assist you with making a claim:
Legal Aid Advice Line (Toll-free): 0800 110 110 (7AM – 7PM)
Please-Call-Me number: 079 835 7179
Answered on April 22, 2020, 9:53 a.m.
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Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.