Surviving Spouse Affidavit

Declare under oath that you were the husband, wife, customary spouse, or life partner of a deceased person and that the marriage or partnership still subsisted at the date of death. Pension funds, the GEPF, funeral policies, banks, and the Master of the High Court require it when a surviving spouse claims spousal benefits or asks for assets to be transferred.

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Surviving Spouse Affidavit Affidavit — Frequently Asked Questions

How do I claim my late husband's pension in South Africa?

Notify the pension fund or the GEPF of the death as soon as possible and submit its claim forms together with a certified copy of the death certificate from the Department of Home Affairs, your ID, proof of the marriage or partnership, and a sworn surviving spouse affidavit confirming that the marriage still subsisted at death. Retirement funds investigate all dependants before paying out, so complete and honest sworn information speeds up the process.

Is a customary marriage recognised when claiming spousal benefits in South Africa?

Yes. A customary marriage that is valid under the Recognition of Customary Marriages Act 120 of 1998 gives the surviving spouse the same status as a spouse in a civil marriage, even if the marriage was never registered with Home Affairs. Where there is no registration certificate, funds, insurers, and the Master will usually accept sworn affidavits from the surviving spouse and family members confirming that lobolo was negotiated and the marriage was celebrated according to custom.

How do I make a surviving spouse affidavit affidavit legally valid in South Africa?

Fill in the surviving spouse affidavit affidavit, print it, and sign it in front of a Commissioner of Oaths — do not sign beforehand. Bring your ID document. Commissioning is free at any SAPS police station, and Commissioners of Oaths are also available at banks, post offices, and attorneys' offices.

Is this surviving spouse affidavit affidavit template free?

Yes. You can generate a completed surviving spouse affidavit affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.