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

Will my ex inherit my belongings if we did not submit the divorce decree to Home Affairs? And can we remarry?

You need to submit the decree to Home Affairs. Inheritance depends on your last will and testament. There does not seem to be a legal objection to remarrying an ex spouse.

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Why is it important to write a will?

It is the only way for you to control who should look after your children or inherit your estate.

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How can I claim my deceased parent's SASSA funeral cover?

SASSA should know who the insurance company is and help you to make the claim.

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Can a fiancé claim from their deceased partner's intestate estate?

Yes, life partners "in a relationship intended to be permanent" should be regarded as spouses in terms of inheriting intestate estates.

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Can my uncle claim my late father's assets if there is no will but my parents were married in community of property?

No, the Intestate Succession Act of 1987 would apply if there is no will.

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Can I remarry after separating from the woman for whom I paid lobola?

You can only remarry if you get divorced, or if she and the court agree to you taking a second wife.

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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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