Heirs According to Law

Where there is no will, who is regarded as an heir according to the law?

According to the Inheritance Law of 1965, relatives who are spouses, children, parents and grandparents of the deceased can inherit.

Can one cancel the rights of an heir to receive his part of the inheritance?

No – inheritance rights cannot be cancelled unless there are exceptional circumstances like where an heir has been convicted of intentionally causing the death of the deceased, or attempting to do so, or of destroying the deceased's last will, or making it disappear.

Is an heir who is not in contact with the deceased still entitled to inherit?

Yes, an heir who was not in contact with the deceased is still entitled to inherit unless there is a valid will excluding him/her

Is an heir who was in conflict with the deceased when he died still entitled to inherit?

Yes, unless the deceased left a valid will excluding him/her.

What happens when there is a will, but it does not relate to all the property in the estate?

What is not covered by the will is to be divided according to the principles of the Inheritance Law of 1965 .

Does an heir have to prove his/her right to inherit?

Yes, if his/her identity is in doubt.

Is a inheritance order final?

No – it can be altered/corrected if there are new facts or claims that have been clarified that were unknown to the Inheritance Registrar or the court at the time the order was granted.

Is it possible to obtain an inheritance order in favour of an heir when the possibility that other heirs exist has not been ruled out?

No! An inheritance order cannot be given when the possibility that additional heirs exist has not been ruled out.

I divorced over 20 years ago, and gave up child maintenance and rights in the family home, to get a divorce. My 'ex' has not been in touch with the children since the divorce. When he dies, will they be entitled to sue him for some of his property if he deliberately cuts them out of his inheritance, and makes a will leaving his estate to others?

If the children's father makes a valid will cutting out his children and leaving his property to others, then , if probate is granted, this will take precedence over any inheritance rights they have to his property under law, and they will not be entitled to anything. If the father makes no will, then they will have inheritance rights under law, even though there has been no contact between them for many years.

Is an ex-spouse who divorced the deceased before the latter’s death entitled to inherit anything from him?

No! An ex-spouse is not included in the list of heirs under the Inheritance Act of 1965.