For over 35 years, we’ve helped countless clients in South Africa to tackle all manner of complicated actuarial and practical issues to resolve maintenance obligations of estates. These include executors, attorneys and individual clients. 

Who can claim for maintenance against an estate

Any party that deceased had a legal duty to financially support prior to his/her death can make a claim.

There are two main types of claims:


Where no maintenance was paid prior to the deceased's death.

Surviving Spouses and Minors in the care of the deceased prior to his/her death can make such a claim. In these cases the deceased was not liable to pay and also not paying maintenance prior to his/her death. Therefore no maintenance amount is predetermined from which to calculate a claim.


Where maintenance was paid prior to the deceased's death.

When the deceased was paying maintenance or was liable to pay maintenance to another party a claim can be made against the deceased's estate. This typically occurs when the deceased was paying (or were liable to pay) maintenance towards a divorced spouse or children. In this case a maintenance amount is available to base the calculation of the claim on.

We have forms available to give guidance as to what information is required to calculate a claim against an estate.