Although it is important to make a will some people have refused to do so for various reasons.

One woman complained recently that despite numerous advice from relatives and friends her brother-in-law who was seriously ill said he was not going to make a will.

"Now he has died and his estate is causing great problem for his wife. He died leaving a few acres of land, two dwelling houses, a motor car, bank accounts with large sums of money but his wife was not made a joint holder to any of his properties.

Rightfully theirs

"The wife had no children for him and they were married for 25 years. Shortly after he died, a woman turned up and told the wife that she has two children who are all under the age of 15 for her husband and he used to maintain them when he was alive.

"She asked some of her husband's relatives if they knew of the children and they said, 'yes'. The woman is demanding that the wife gives the children what is rightfully theirs or she is going to take her to court.

"Is this possible because my sister knew nothing about the children? My sister is very upset about the matter and is saying she is not giving the children one red cent from her late husband's property."

The children are entitled to their share in their father's estate. Your sister should contact a lawyer for advice on the issue.

The Intestates' Estates and Property Charges Act sets out how the estate should be distributed. The act clearly states that the surviving spouse and the children of the intestate (person who dies without making a will) are beneficiaries of the estate.

However, a number of legal procedures will have to be done before the estate can be distributed and those include applying to the court for letters of administration.