My dad passed away as a divorced person ...

Asked by Halatedzi on 07-06-2022 09:35:09
Question posted in the General Law category relating to Gauteng

My dad passed away as a divorced person at Home Affairs however, he was married customarily to his wife. My understanding is that this then becomes in community of property. He left a Will bequeathing certain assets to his children not aware of the fact that should he die it will be in community of property (she had refused to go sign at home affairs out of community hence it was never made a civil marriage). My understanding is that they will now have a joint estate of which she is entitled to 50% of it. What I would like to know is whether we can change the Will to leave the house to his children because they will be prejudiced as they will no longer have a home (he left the house to his eldest daughter as the wife has her own house) and also will his children inherit the other 50% of the joint estate which includes the assets and liabilities of the wife?

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