Good DayI have a 1 year old child Raphae...

Asked by SandulelaM on 16-04-2022 15:10:49
Question posted in the Family Law category relating to Gauteng

Good Day

I have a 1 year old child Raphael, his father passed away when he was 4 months old.

He was married, I submitted the dependant clain at GEPF together with DNA results copy proving my son is the deceased biological child and upon learning about this. The deceased wife still has not submitted forms.

In November 2021 I went to the Master of the High Court to submit a mantainance Claim against the Estate, I was told I can not claim on GEPF pension and on the Estate. How true and correct is this? Their reasoning was, it will be a duplicate because whatever money he would get on the Estate would be put on the the Guardian Fund.

It has now been 8 months, the deseased wife called me recently, asking another DNA test as "2nd opinion" I agreed on condition the test would be done at the same Laboratory (Ampath) and with the childs biological grandfather. She refused and got Lawyers to intimidate me.

I took the matter to GEPF Ombuds Office and I await their response.

I have been under the Impression that she is grieving and I wanted to respect that. I now see the delay tatics as pure evil and punishment on my child for her Husbands Infedelity. 

I just gathered information about Tracing Agents, I want to trace and see what Policies and Life Covers did the Late have, I want to approach those companies and submit my sons details and claim his inheritence. If they do not help me I want to approach the Adjucator then lastly the High Court but I really want to know what the law says before I embark on this journey.

Is my child only Eligable to claim inheritance on GEPF? Is this because he is a minor and whatever money he gets must go through The Master of the High Court or is this because He is born out of Wedlock? Does the Law discriminate children? While I continue to suffer with this boy, this womans children are enjoying their fathers private policies and claims despite their ages 26, 25 and 18. The youngest who is a 1 year old is in destitute and none of this would happen if this man were still alive. Please advise.

My number is 0833580716

Email ***BLOCKED-EMAIL-ADDRESS***

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

Disclaimer

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.