Does a false declaration on a death certificate have implications for payouts ?

A

aqualung

Well-Known Member
Joined
Sep 3, 2006
Messages
348
Reaction score
25
Location
Cape Town
Hi all

Legal kind of question - and yes may take legal advice here.

If someone has false information on their death certificate - in this case it states “never married” when actually deceased was married twice - does this affect distribution of property ? One of the deceased children has a vested interest in accruing all property and assets of the deceased.

Aware this may be unfair to ask on this forum - just putting it out there.

Any input appreciated.

Thanks all
 
Very much doubt it would have any bearing as this stuff is easy to confirm otherwise and more than likely nobody even looks at that on a death certificate.
 
oof seems dodge.

Wonder what the legal implications could be for those involved with the false wording on the document are should someone need/want to pursue it.

I am nosy / curious, tell us more :p
 
I found this while googling not sure if it helps

The Pretoria High Court issued a declaratory order on 17 January 2024 that the marital status of a deceased person, indicated on the death certificate issued by the Department of Home Affairs, is irrelevant when the Master of the High Court is called upon to decide on the appointment of an executor in the estate of such a deceased person under the provisions of sections 14 and 18 of the Administration of Estates Act, 66 of 1965.
Click to expand...

www.fisa.net.za

Marital status on death certificate irrelevant

The Pretoria High Court recently declared that the marital status of a deceased is irrelevant in the appointment of an executor. The Pretoria High Court recently declared that the marital status of a deceased is irrelevant in the appointment of an executor.
www.fisa.net.za www.fisa.net.za
 
Ahhhh I’d prefer not to right now … close family involved. Let’s just say I’m extremely disappointed in human nature.

However I may pose couple more questions in the days to come - I’ve always valued this forum for its levelheadness and broad knowledge base.
 
aqualung said:
Ahhhh I’d prefer not to right now … close family involved. Let’s just say I’m extremely disappointed in human nature.

However I may pose couple more questions in the days to come - I’ve always valued this forum for its levelheadness and broad knowledge base.
Click to expand...


Been there my friend and done that. Not with the death certificate but with the will.

A surprisingly ruthless person among us wangled things his way and by the time the rest of us siblings realised what was happening it was too late. We didn't lose out on everything but he managed to get his hands on the biggest chunk. Lived like a king.

However, karma came into play 14 years later and I'll wager he's a lot more unhappy today than we are.
 
Steamy Tom said:
oof seems dodge.

Wonder what the legal implications could be for those involved with the false wording on the document are should someone need/want to pursue it.

I am nosy / curious, tell us more :p
Click to expand...

I don’t think he means false as in falsified or fraudulent, just incorrect.
 
maumau said:
Been there my friend and done that. Not with the death certificate but with the will.

A surprisingly ruthless person among us wangled things his way and by the time the rest of us siblings realised what was happening it was too late. We didn't lose out on everything but he managed to get his hands on the biggest chunk. Lived like a king.

However, karma came into play 14 years later and I'll wager he's a lot more unhappy today than we are.
Click to expand...
Those are my thoughts - the people in question who are going after everything - let them have it.

They spend money like water so in a year or two they’ll be back to broke.

And we’ve turned the taps off now. Not our problem anymore.

Money is energy. With some people theres just an ongoing energy leak that never stops.
 
aqualung said:
Ahhhh I’d prefer not to right now … close family involved. Let’s just say I’m extremely disappointed in human nature.

However I may pose couple more questions in the days to come - I’ve always valued this forum for its levelheadness and broad knowledge base.
Click to expand...
People are aids, find a close handful of people and fsck everyone else.
 
I can't imagine it having too much of an effect. The person just doing the death certificate got a few details wrong.

Or is there more to this.
 
aqualung said:
Very deliberately incorrect. May post more in days to come.
Click to expand...

Aah right.

Even so I very much doubt it will matter.

But it could help your case against them if you have any evidence they deliberately had to misrepresented or altered.
 
Hmmm, the death certificate for my late father had the wrong case number. The POS post-mortem doctor made a mistake on the documentation. Police captain pointed it out to me when I started applying for all the death claims.

I wanted to strangle that mofo doctor. Drove to his practice twice to confront him face to face but the **** never surfaced.
Could have had huge implications wrt the claims I was submitting.

Wrt to annuities, if the deceased had any, the trustees of the fund have the final say on who can get what from his pensions and RAs.

Good luck with the battles ahead.
 
Thanks everyone for chipping in and moral support. I will add that the sibling in question unilaterally had the deceased life policy beneficiary changed to themself only.

Related question - apart from refusing to hand copy of one’s ID over (which has already been requested on pretense of making a “payout” from the policy, I mean WTF) - is there anything else one should do to protect against ID fraud.
 
aqualung said:
Thanks everyone for chipping in and moral support. I will add that the sibling in question unilaterally had the deceased life policy beneficiary changed to themself only.

Related question - apart from refusing to hand copy of one’s ID over (which has already been requested on pretense of making a “payout” from the policy, I mean WTF) - is there anything else one should do to protect against ID fraud.
Click to expand...

I think you can contact SAFPS and get it put on a list, but then you will also have to go through a process when applying for things

 
Steamy Tom said:
I think you can contact SAFPS and get it put on a list, but then you will also have to go through a process when applying for things

Click to expand...
Thanks @SteamyTom, already have SAFPS bookmarked. Ok.

Edit to add : actually seeing this in B and W really brings home to me how sordid and underhand this whole affair is.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X