Do we have any right to any moneys or the house?
We are 3 sisters 38;33 & 30. Our mom died in 2012 and we dont know if they had a testament. My youngest sister was the only one still living at home. A few months after her death my father who was 56 at the time started having a relationship with a girl of 17. We were having lots of arguments and my father banned us from our home. Last year after more than 30 years service he resigned. He received all the money and we did not get anything from him. He refused to help us in any capacity. I would like to know if we have any rights to our family home? My parents was married for 32 years.
The Constitution of South Africa, Act 108 of 1996, does not mince words on its position on housing. Section 26(3) provides that no one may be evicted from their home without an order of court made after considering all the relevant circumstances.
On whether your mother left a valid Will, the South African Registry of Wills and Testaments may be able to assist. I am not sure of their contact numbers but you may visit their website on www.sarwt.org
There is no automatic duty of support by your father, however that does not mean he is completely exonerated. You and your siblings can still claim support if you can show to court that these three requirements are present- that you and your sisters are unable to support yourselves, that your father is financially able to support you and your sisters, and the relationship amongst you and your father must be such as to create a legal duty of support.