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

How can my brother and I register our late mother’s house into our names?

First report the death to the Master of the High Court. The Master will appoint a representative to have the letter of authority to wind up the estate.

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My late mother's husband is stopping me and my sister from claiming our inheritance. What can we do?

Go to the Master of the High Court where the letter of authority was issued and ask them to help you.

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We need advice on how to manage the process of inheriting two properties from our late brother.

Agreement amongst the five siblings is key to dealing successfully with inheriting your late brother’s properties. It is only the executor who has the right to deal with the deceased estate.

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Can I take the allowance from my late husband’s estate as a lump sum instead of monthly payments?

Yes, you can. The Supreme Court ruled that lump sum payments of deceased estates could be made in terms of the law.

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How can my father check for his deceased brother’s unclaimed investment with a bank?

You can access a deceased person's unclaimed funds through the Association for Savings and Investment South Africa (ASISA).

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How can I make sure that the house my late wife and I shared will be inherited by our children and not my future wife?

You can negotiate an antenuptial contract with accrual with your new wife.

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The previous lawyer who dealt with my father's estate refuses to return money owed to us. What can we do?

You can lay a complaint with the Legal Practice Council.

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How can I access unclaimed money from my late father's bank account?

You cannot access your father's deceased estate, including his bank account, without permission from the Master of the High Court.

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What rights does a person with the power of attorney have over the rental of a house when the house owner dies while overseas?

All powers of attorney lapse when the owner dies.

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Is it legal for the Estate Administrators to finalise the deceased estates of my mother and my father concurrently?

The present executor is allowed to finalise the two estates concurrently.

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