Good dayMy father passed away on the 28t...

Asked by RiaanG on 26-11-2018 11:26:33
Question posted in the Property Law category relating to Mpumalanga
Question value: R 100.00

Good day

My father passed away on the 28th of October 2018 & there has some issues rise in regards to his Last Will & Testamant. My Brother & one sister has inhertided his Small Holding ( just below 2 Hectares ). I am not sure of the size of the Agricultural Holding ( it has been changed to Residantial Holdings by the Municipality ) , but we have been advised that no more than 2 children may inherit the Holding as they need to inherit no less than 1 Acre. Is this correct becuase the brother in law to whom the Inhertiting Sister is married to is getting quite frisky coming with all sorts of stories.

They are also the ones arguing that there is another Will ( which they had drafted  sent to my Father ) but cannot locate it. Due to this the Estate / Will is currently in attestate. In the previous Will , I was also a recipient of the Small Holding ( AH or RH )

Please advise the way forward as this is going to cause a fight which we would like to avoid.

Ask your OWN Legal Question!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.