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Deceased Persons Family Maintenance Act

This Act provides a legal framework for the maintenance of certain family members from the estate of a deceased person. It ensures that dependents, such as spouses, children, and other financially reliant individuals, are adequately provided for after the death of the deceased.

Key Provisions:

1. Eligibility for Maintenance:

   • Surviving spouse
   • Divorced spouse entitled to maintenance
   • Minor children
   • Major children with disabilities
   • Parents who were being maintained
   • Other dependents who were being maintained or entitled to maintenance

2. Application Process:

   • Dependents can apply to the Master or provincial magistrate.
   • The Master or magistrate investigates the application and submits it to the appropriate court (High Court or regional court).
   • The court considers the application and may make an award.

3. Court's Powers:

   • The court can make various orders, including:
     • Periodical payments
     • Lump sum payments
     • Transfer of property
     • Establishment of trusts
     • Variation of antenuptial contracts or wills

4. Protection of Family and Property:

   • Surviving spouses and children have rights to occupy property, use household goods, and use agricultural resources.
   • Dispositions made to deprive dependents of maintenance may be set aside.

5. Variation of Awards:

   • Awards can be varied, suspended, or rescinded under certain circumstances.

This Act aims to balance the interests of all beneficiaries of the deceased estate, ensuring that dependents receive adequate support while also considering the rights of other heirs and legatees.