Inheritance Law in South Africa

This is a discussion on Inheritance Law in South Africa within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; My mother divorced my father in November 2010. They where married in communion of property. My mothers mother passed away ...

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Old Apr 30th, 2011, 03:15 AM   #1
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Question Inheritance Law in South Africa

My mother divorced my father in November 2010. They where married in communion of property.
My mothers mother passed away in August 2010 and her estate is still not settled. According to the will, only her 2 children are the beneficiaries and their spouses and children have no claim to the estate.
My father now wants to sue my mother for 50% of the estate. Can he do that? Even if the estate is only settled after the divorce?
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Old Apr 30th, 2011, 04:41 AM   #2
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Default re: Inheritance Law in South Africa

I wish to inform you that the property which is inherited is excluded from community assets. In this regard as the Will of the deceased expressly provides that the property will be provided to daughters and therefore other family members cannot have a share in property. The property will be treated as separate property. In divorce the community property includes all the property that is used in marriage or created during marriage.

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