Ntombi’s* father passed away in 1996. She lived in her father’s house with her father, her stepmother and the stepmother’s child. When her father died without a will, her stepmother kicked her out of the house. Later, when her stepmother fell ill, one of her grandchildren asked Ntombi to move back into the house and help look after her. After her stepmother died, Ntombi was invited to keep living in the house. But last month, a man came to the house to take pictures, and said that it had been put up for sale! Ntombi went to the municipal office to check on the status of the house, and found out that in her will, Ntombi’s stepmother left the house to her granddaughters and nephew. What now?!

Ntombi reached out to Scorpion for legal assistance and advice.

Scorpion advised Ntombi that she is an intestate heir of her father. This means she is entitled to inherit a portion from her father’s estate. She must go to the Master of the Court’s office to explain everything: that her father remarried before he died, but the house was in his name; that she isn’t sure if her stepmother ever reported her father’s death; and that in the stepmother’s will, she left the house to her granddaughters and nephew.

If her father’s estate was never reported, Ntombi must go and report it. The Master of the Court can then deal with the estate and administer it to determine what Ntombi’s share of it was when her father passed away. The Master should be able to work out her share from her father’s estate, and can order that a percentage of the money from the sale of the house be paid to Ntombi.

Tip:

• Having a valid will is so important! It decides who gets what when you die, and what happens to the people left behind in the case of minor children.
• It also helps ensure that the whole process of dividing up your belongings after your death goes smoothly, and reduces the chances of legal problems, like in Ntombi’s case.
• As a Scorpion member, you can get a FREE basic will.

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* Names are fictional.
** Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement).
This is only basic advice and cannot be relied on solely.