A tale of property, perseverance, and legal triumph: When an ex-wife's decades of mortgage payments trumped a stepmother's claim, the courtroom became the ultimate arbiter of ownership and favoured the deceased's children. Stepmother discovered that decades of mortgage payments speak louder than marriage certificates.

In South Africa, minor beneficiaries face the prospect of funds being locked into the Guardian's Fund, a government-managed entity. While intended to protect minors' interests, this process can be lengthy, bureaucratic, and subject to administrative fees.

The surviving spouse may approach Home Affairs for late registration of customary marriage, apply for appointment as executor. The spouse is entitled to 50% of the joint estate and R250 000 in child’s portion.

It's also important to note that without a will, your assets could end up in the hands of distant relatives or even the state, rather than benefiting the individuals or causes you hold dear. It's a scenario that no one wants to contemplate, but one that can become a reality if estate planning is neglected.

If mediation and negotiation fail to yield a resolution, the interested parties can resort to legal recourse by applying to the court. The court can be approached to request an order granting permission for the sale of the property, even without the consent of all heirs.