₦airaland Forum

https://www.youtube.com/watch?v=SAGeUmCtSN0?si=NyFsXlnQes7lqoxB[right][/right]

South Africans can, under certain conditions, claim maintenance from a sibling.

But it’s far more complex than many believe.

That’s according to attorney and family law specialist Amy Marx, who unpacked the issue in an interview following comments attributed to the National Prosecuting Authority.


NOT A NEW LAW, BUT RARELY USED

Marx said sibling maintenance claims are not new.

“When it comes to maintenance claims, this has always been in the books,” she said.

She stressed there is no new legal development and that the principle forms part of common law.

However, she described it as ‘extremely difficult’ to compel one sibling to financially support another.

There are strict steps that must be followed.


PARENTS AND GRANDPARENTS FIRST

A sibling cannot be approached first for maintenance.

“You first have to go to the strongest link, which would be parents,” Marx explained.

If parents are unable to provide support — for example, if they have died — the next step would be grandparents.

Only if they are also unable to assist would a claim against siblings be considered.

Marx said there is a common law principle that blood relatives may have a maintenance obligation, but “it basically gets weaker the further away it gets”.


ADULT SIBLINGS CAN'T REFUSE TO WORK

The situation differs when it involves adults.

“You can’t be able-bodied and just not be making money,” Marx said.

She said someone cannot simply choose not to work and expect a financially successful sibling to cover their living expenses.

There must be a reasonable need.

If a person is able-bodied and capable of working, that weakens any potential claim.


WHEN SIBLING MAINTENANCE MAY APPLY

Marx said such claims are more common in cases involving minors or adults who are unable to support themselves.

She cited a case involving a child with Down syndrome who could not work and was living in a care facility.

In that matter, siblings had received money from their parents’ deceased estate.

The maintenance court allowed a claim against the siblings because funds that should have supported the vulnerable child had effectively been paid out as inheritance.


INHERITANCE ALONE IS NOT ENOUGH

Marx clarified that simply receiving a larger share of an inheritance does not automatically create a maintenance obligation.

If provision for a dependent person was not properly structured in the estate, and inheritance effectively replaced maintenance funds, a claim could arise.

But she stressed that each case depends on specific legal requirements.

“You’d have to prove that there is a legal requirement for the maintenance,” she said.


LAW MAY EVOLVE, BUT LIMITS REMAIN

While acknowledging that case law can change over time, Marx said there is currently no general duty on extended family members, such as aunts and uncles, to provide maintenance.

For now, sibling maintenance remains a legal possibility, but only in narrow, carefully defined circumstances.

“It’s not that you can just go straight to a sibling,” she said.

Say what?? Are they mad or what?

Provided there are clauses that'll make the whole thing acceptable to parties involved then it might end up not being as bad as it sounds.

HELINUS NEED TO MIGRATE TO SA THEN

If I know take care of my siblings, who will apart from my parents?

This is slightly nauseating to read.

It's actually reasonable, but in reality, the clauses will make it difficult to implement.

still a quirky law though

Black South Africans will do anything but be accountable for themselves. Same way they blame foreigners for their unemployment and economic woes and will rather loot businesses than work, they believe their siblings must pick their bills.

There's Black Tax, and there's Black South African Tax.

IronGalaxy:
Say what?? Are they mad or what?

Seems it's s an old law that was recently tested in court.

Omo make my siblings no vex

Sounds fair, as long as the sibling who's receiving the support does not become exploitative, and turn it into a full-time revenue-generating scheme.

Lazy youths!!!
And now, I can confirm that South Africa is on another level.

Nor be yesterday our Presido wife talk about "Entitlement"



I know it's south Africa oo... Buh make Nigeria no reason am oo

See judgment from a country of lazy people.

Them born me as they take born you but na me go take financial responsibility over you.

A friend of mine in southafrica told me this. This will just enable more laziness among some entitled folks.

Lazy people of the world. South Africa is number one in entitlement.

RandDigital:

https://www.youtube.com/watch?v=SAGeUmCtSN0?si=NyFsXlnQes7lqoxB[right][/right]

South Africans can, under certain conditions, claim maintenance from a sibling.

But it’s far more complex than many believe.

That’s according to attorney and family law specialist Amy Marx, who unpacked the issue in an interview following comments attributed to the National Prosecuting Authority.


NOT A NEW LAW, BUT RARELY USED

Marx said sibling maintenance claims are not new.

“When it comes to maintenance claims, this has always been in the books,” she said.

She stressed there is no new legal development and that the principle forms part of common law.

However, she described it as ‘extremely difficult’ to compel one sibling to financially support another.

There are strict steps that must be followed.


PARENTS AND GRANDPARENTS FIRST

A sibling cannot be approached first for maintenance.

“You first have to go to the strongest link, which would be parents,” Marx explained.

If parents are unable to provide support — for example, if they have died — the next step would be grandparents.

Only if they are also unable to assist would a claim against siblings be considered.

Marx said there is a common law principle that blood relatives may have a maintenance obligation, but “it basically gets weaker the further away it gets”.


ADULT SIBLINGS CAN'T REFUSE TO WORK

The situation differs when it involves adults.

“You can’t be able-bodied and just not be making money,” Marx said.

She said someone cannot simply choose not to work and expect a financially successful sibling to cover their living expenses.

There must be a reasonable need.

If a person is able-bodied and capable of working, that weakens any potential claim.


WHEN SIBLING MAINTENANCE MAY APPLY

Marx said such claims are more common in cases involving minors or adults who are unable to support themselves.

She cited a case involving a child with Down syndrome who could not work and was living in a care facility.

In that matter, siblings had received money from their parents’ deceased estate.

The maintenance court allowed a claim against the siblings because funds that should have supported the vulnerable child had effectively been paid out as inheritance.


INHERITANCE ALONE IS NOT ENOUGH

Marx clarified that simply receiving a larger share of an inheritance does not automatically create a maintenance obligation.

If provision for a dependent person was not properly structured in the estate, and inheritance effectively replaced maintenance funds, a claim could arise.

But she stressed that each case depends on specific legal requirements.

“You’d have to prove that there is a legal requirement for the maintenance,” she said.


LAW MAY EVOLVE, BUT LIMITS REMAIN

While acknowledging that case law can change over time, Marx said there is currently no general duty on extended family members, such as aunts and uncles, to provide maintenance.

For now, sibling maintenance remains a legal possibility, but only in narrow, carefully defined circumstances.

“It’s not that you can just go straight to a sibling,” she said.

Only minors and adults with disabilities, plus a lack of parental capacity. Sounds reasonable to me.

Ok. Na nonsense be this shaaa

but how is this our business??

On the flip side, I actually love this law, it promotes family culture and responsibilities, thus forming a communal growth for the nation at large.
The clause therein is sufficient to make one responsible.
Eg, you as an able bodied adult can't go meet your sibling to start financing you when you can work.
You can't abandon the aged, sick and people with disability within your family just because you don't want to be identified with them

This law needs to be enacted in Nigeria.

But who go get money see his/her siblings in need and not render assistance without court?😕. ...
Can't even wrap my head around not helping any of my lovely siblings if they need what I have....God forbid 😤

Lol so my siblings can start wynin me....

Long story. To enforce this law, you go explain tire. E better make you just respect yourself than rely on this law.

I love the law, so many unreasonable family members

Lazy youths....

Do they ever work in that country?

thomas2024:
If I know take care of my siblings, who will apart from my parents?

Be very careful because some of them after giving your best to see them fulfilled in life, they will despise and ridicule you at all time.

Even to the point of bloody to take your life.

I wish this law is working in Nigeria because it would have helped me take back all that was supposed to be mine

Must be in their culture.

As anachronistic as it might be.

illicit:
Lazy youths....

Do they ever work in that country?

Duh illicitDrugs, the ones paying maintenance do. And your clients as well

I wish this law can be applied to nigeria