SCORPION ADVISES MMAKOLE TO LODGE A COMPLAINT

THE FACTS

Mmakole Thobakgale from Soshanguve, Pretoria said she and her brother have a problem with their stepmother over their father’s estate after he died in 2015. They were left with their stepmother, who was the first wife. Their mother was the second wife. They tried to follow up on his estate but their stepmother doesn’t want to involve them. In 2016 when their stepmother died they wanted to claim their share but they were advised that everything that belonged to their father belongs to their stepbrother.
He had to decide if he wanted to share his inheritance with them or not.

WHAT I DID

I sent the case to Scorpion Legal Protection Services for professional analysis and advice.

SOLUTION

Scorpion Legal advised that if the father died leaving a valid will, then the estate must be settled in terms of the will. If the father died without leaving a valid will the estate would be resolved in terms of the rules of the provisions of the Intestate Succession Act.

In terms of this Act, a spouse is any party to a valid marriage.

In a case where the deceased is survived by wives as well as children, the wives will inherit R250 000 or a child’s share, whichever is more, and the children will inherit the balance of the estate. A child’s share is determined by dividing the estate by the number of children of the deceased by the number of surviving spouses.

Since the first wife had died, the stepbrother will inherit his mother’s share.

The step- brother can’t decide on the inheritance and a complaint must be lodged with the master of the High Court.