SCORPION ADVISES SAHLULO

THE FACTS

Sahlulo Twala from Cape Town said his mother made a will in 2005 and according to which he and his sister would each get half of her belongings. At the time his mother was married in community of property to his stepfather. His mother fell ill in 2007 and she was admitted to hospital.

When he went to visit her he was told she had already been discharged. That same night she went missing and today she has not been found. A missing person’s case was opened. The stepfather evicted them from the property and he is renting the property to foreigners.

Sahlulo doesn’t have a place to stay. His sister and the stepfather have both passed away. The stepfather had no children and his family took over the property which they are still renting out. 

WHAT I DID

I spoke to the lawyers at SCORPION LEGAL PROTECTION for professional legal advice.

SOLUTION

The question is whether Sahlulo was formally adopted by his stepfather. If so, he has all the rights that children have with their natural parents, including the right to claim maintenance and to inherit property.

Sahlulo’s mother left a will but it has no legal effect unless an application for presumption of death is made at the High Court. Once the application has been approved then her estate will be wound up in accordance with the will.

Only her half of the estate will be wound up according to the will and since Sahlulo seems to be the surviving heir he will be entitled to that half. Sahlulo can also approach the Master of the High Court regarding the estate of his stepfather provided he was legally adopted.

If the stepfather had no children and he died without a will this means he died intestate and the Intestate Succession Act applies. Sahlulo is considered to be the heir of his stepfather and he is entitled to inherit the property.

The family have no legal right to the property because they are excluded because he is the sole surviving heir. Sahlulo is entitled to inherit the property and not his stepfather’s family. He should approach the Master of the High Court for assistance.