I lost my brother D who has never marrie...

Asked by BBLegal on 26-01-2021 12:30:50
Question posted in the Property Law category relating to Eastern Cape

I lost my brother D who has never married and has no children whatsoever. I am the only brother/sister who is still alive. I am told by the Master of the high court that children of the dead brothers  are entitled to the wealth left behind by my brother. There are 6 such children plus me. My late brother D has no will but had me as a beneficiary in one policy. I have already been paid from this policy. 

Now there is the question of executor of my brother's wealth, which divides the family. Some want me, others want someone else. 

1. What does the law say in the above dispute?

2.  I paid out of my own pocket for the funeral expenses. Am I entitled for reimbursement from the money which has no specified beneficiary?

Answer to the Question

Posted by Att. Patrick on 28-01-2021 09:33:04

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Your brother's estate (since he didn't have a Will) is left according to the rules of intestate succession. They say as follows - 

1) Your brother's estate goes to his children.

2) If your brother doesn't have any children, then his estate goes to his parents. 

3) If his parents are already deceased, then his estate goes to his siblings. i.e to you and any other brothers/sisters that you guys have.

It is NOT the law that if a sister is already dead, then her share would go to her children. No, that's not how it works. If you guys had a sister (just pretend) and she was still alive, then she would share in your brother's estate, but if she is already dead, her family doesn't get anything. 

It only goes to people who are still alive. 

I think that you need to see a lawyer who can write to the Master to assist you. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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