Question
A man repudiated his share of inheritance in his deceased brother's estate. He says that the other heirs should take his share as well. How does his repudiation affect the distribution?
Answer
His repudiation is not valid. Even if he states in writing his repudiation or refusal to inherit, it is of no consequence. He remains an inheritor. The distribution is not affected in any way whatsoever. His share should be set aside and delivered to him physically. After he has taken possession of his assets, he will be free to do as he pleases. But prior to possession, his repudiation is invalid. If he refuses to take possession of his assets, it will have to be held in trust for him until he changes his mind. If he dies before taking possession, his assets should be given to his heirs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 19 No 07
- PDF page
- 4
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