An individual who asserts an interest in an intestate estate is required to establish the basis upon which he or she claims to benefit.

Section 4 of the Intestates’ Estates and Property Charges Act, stipulates the category of relatives who are eligible to be recognized as beneficiaries and entitled to benefit from the residuary estate, provided the requisite proof of relationship is received

Acceptable Proof Of Relationship

The Administrator-General’s Department (AGD) accepts the following as proof of relationship to the deceased:

Spouse:

Certified Marriage Certificate or Declaration of Common Law Spouse ship issued by the Court

Issue / Child:

Birth Certificate with the name of deceased parent endorsed thereon. Where the deceased parent is the father, and his name does not appear on the birth certificate, one of the following is sufficient:

1. Declaration of Paternity from the Court
2. Affiliation order made by the Court
3. Maintenance Order made by the Court

Parents:

Birth certificate of the deceased with the name of the parent(s) endorsed thereon

Brothers and Sisters:

Birth certificate of the deceased with the name of parent(s) endorsed thereon and birth certificate of the deceased brother or sister. There must be homogeneity in at least one of the parent’s names.

Uncles and Aunts :

Birth certificate of the deceased with the name of parent(s) endorsed thereon and birth certificates of the deceased’s mother or father and birth certificates of the deceased’s uncles and aunts (there must be homogeneity in one of the deceased’s grandparent’s names).