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Question
Posted by: Anonym | 2011-05-05

Divorced parents bequest after ex-spouse passes away

Hey there....

My parents divorced in 2008 and my mother passed in 2010. My mother was a teacher until her death,she did no leave a will. She was in the employ of the Department of Education,we (her children) were advised that she must appoint an executer to her estate and money will be distributed amongs her children. Is my father (her former husband) entitled to any of the money?

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Our expert says:
Expert ImageFamily law expert

Where a deceased survived by a spouse/s as well as a descendant/s. The spouse or spouses inherit the greater of R125 000,00 per spouse or a child’s share, and the children the balance of the estate. A child share is determined by dividing the intestate estate through the number of surviving children of the deceased and deceased children who have left issue, plus the number of surviving spouses.

In case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it forms part of the joint estate, will not devolve according to the rules of intestate succession.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

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2
Our users say:
Posted by: family law expert | 2011-05-14

Where a deceased survived by a spouse/s as well as a descendant/s. The spouse or spouses inherit the greater of R125 000,00 per spouse or a child’s share, and the children the balance of the estate. A child share is determined by dividing the intestate estate through the number of surviving children of the deceased and deceased children who have left issue, plus the number of surviving spouses.

In case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it forms part of the joint estate, will not devolve according to the rules of intestate succession.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

Reply to family law expert
Posted by: Just saying! | 2011-05-09

No only children and legal spouse. Intestate only make provision for direct children/ spouse, not ex spouses.

Reply to Just saying!

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