Accommodation and Support - Interim Period

Does an heir who was living with the deceased when he died have a right to continue living there after his death ? Yes, for up to six months after the deceased's death, irrespective of whether the home was owned or just rented . If the heir also used the furniture and appliances in the home before the deceased's death, he/she can continue doing so while living there.

Does a person who was living with the deceased when he died and was dependent on him have any special rights after the latter dies ? Yes. Someone who was living with the deceased when he died and was dependent on his livelihood, is entitled to be supported by the estate for a month after the deceased's demise.

Does a person who was living with the deceased in an apartment which was neither owned or rented by the deceased have a right to carry on living there after he/she dies ? No, unless the owner of the property gives permission for this

Does an heir who was not living with the deceased when he died still have a right to financial support from the estate ? No! An heir's right to accommodation and support for the interim period only applies if he/she was living with the deceased when the latter died.

Will a person who rented a room in the deceased's home be able to continue living there after his death ? Yes, a person who was 'living with the deceased' , albeit in a room he rented from him, will be able to continue doing so after the latter's death, according to the rental contract he had . Normal laws relating to rental of property will apply.

Can the court extend or shorten the period set by law according to which somebody, who is not an heir, but who was living with the deceased when he died, can carry on doing so after his death ? No! The court cannot alter the three month period set under the Inheritance Act of 1965, according to which non-heirs can continue living with the deceased after his death. It can neither be shortened nor extended.

Does a person who was living with the deceased when he died have a right to use its contents after the latter's death ? Yes, while he continues to live there, for the period permitted under law, and to the extent that he did so while he was living with the deceased.

Does a person who is entitled to interim support for a month from the estate, have to return what he received once he is 'on his feet' ? No – there is no need to return this to the estate!

Is any interim support that an heir , who was living with the deceased when he died, received from the estate , actually deducted later from his share in the inheritance ? No!

Does a person who is entitled, under law, to live in the deceased's home for three months, have to pay rent during this period ? No – if he was not a tenant, who paid rent, then he is entitled to carry on living in the deceased's home for three months without payment. Rent will only be due if he continues living there when this three month period has expired.