Permission to sit in an undivided estate
When other heirs' consent is required
Where a will provides that the surviving spouse is entitled to remain in an undivided estate, the surviving spouse is not required to obtain the consent of the other heirs in order to exercise that right.
Where the spouses have only joint heirs, the surviving spouse is not required to obtain their consent in order to be granted permission to remain in an undivided estate. The same applies in respect of a stepchild who lacks legal capacity and is under the custody of the surviving spouse.
Where the spouses do not have exclusively joint heirs and no will exists, the surviving spouse must obtain the consent of those who are the deceased’s sole heirs (the applicant’s stepchildren) in order to be granted permission to remain in an undivided estate. Where an heir lacks legal capacity, such consent must be given by his or her legal guardian.
If a digital application for permission to remain in an undivided estate is submitted, the stepchild will receive an electronic request to approve the application.
If you do not have electronic identification, you may access the declaration here.
Service provider
District Commissioners