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Question
Posted by: Tumi | 2010/05/14

The rights of a surving partner

If we are married ANC and we both have 1 child each born out of wedlock and 1 born in marriage.. If anything could happen to one partner, and there is no will. What happens to the property that you both owned? Can a child born our of wedlock claim a portion of your partner, if there is no will that stipulates? And what happens to the living partner?

Please advise.

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Our expert says:
Expert ImageFamily law expert

The question is whether you are both the natural parents of both the children. When a person dies without leaving a will, the law says the person died “intestate”. The law of intestate succession is followed in dividing up his or her property. If a married person dies intestate, his or her property is shared equally by the other spouse and their children.

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3
Our users say:
Posted by: Tumi | 2010/05/24

What happens if the child is no longer a minor?

Reply to Tumi
Posted by: G-Dad | 2010/05/24

Just to add to what Bertus said, even children born out of wedlock, it is possible for the other parent of minor children born from a previous relationship to claim on behalf of the child against the estate for future maintenance ect.

Reply to G-Dad
Posted by: family law expert | 2010/05/17

The question is whether you are both the natural parents of both the children. When a person dies without leaving a will, the law says the person died “intestate”. The law of intestate succession is followed in dividing up his or her property. If a married person dies intestate, his or her property is shared equally by the other spouse and their children.

Reply to family law expert

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