Ask an expert
Question

20 Jul 2010

intestate
my dad died intestate with a wife and 3 children. the wife - who is self appointed executor, is taking ha.lf of the estate as well as R125000. This is not the law as i understand it. The lawyer /administrator is no help.
Is her share accurate?
Who can i go to for help?
Answer 473 views
Expert
Family law expert
family law expert

01 Jan 0001

If a person does not draw up a Will his/her property will be divided amongst the spouse(if living) and all children.

If the person was married In Community Of Property and the totall Estate is R125 000.00 or less, the surviving spouse usually inherits all the property. If the property exceeds R 125 000.00, the balance over R 125 000.00 is divided equally between the spouse and the children.

Where there are no children , no parent, no brother or sister, the surviving spouse inherits the whole Estate.In this sitaution,if there are grandparents, aunts, uncles, nephews or nieces, they would not inherit. If the deceased's children have predeceased him , the deceased childrens' share will go to their children in equal shares. Where there are no children nor surviving spouse, the deceased's p[arents would benefit.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical examination, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.
Voting Booth
Have you entered our Health of the Nation survey?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes
34% - 9260 votes
No
66% - 17836 votes
Vote