Dear Conviction,
I need legal advice regarding a family member. She lived with her fiancé for 29 years. Unfortunately, he passed away last month.
Now, his son is demanding that my aunt vacate the house within 30 days. He wrote her a letter by hand, rather than issuing a formal legal notice. I need to understand her rights in this situation.
Louise du Plessis of Lawyers for Human Rights provided the following advice:
The first step is to determine whether there is a will, as this will dictate the legal distribution of the estate. It is also essential to assess whether any form of universal partnership existed between them, which could strengthen her claim to the property.
If the house is situated on a farm, she may have strong legal protections. If it is not on a farm, she must be given a reasonable amount of time to relocate. There is also a slight possibility of arguing that granting an eviction order is not just and equitable, but additional facts would be necessary to support such a claim.
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