SIBLING SUPPORT: CAN THE LAW FORCE YOU TO SUPPORT YOUR SIBLINGS

Recent news articles have sparked widespread discussion among South Africans about the possibility of claiming maintenance from siblings. While this may come as a surprise to many, the legal principle allowing such claims has existed in South African law since 1938. The process, however, is far from straightforward, as the law recognises that maintenance claims between siblings are a last resort and can only be pursued under strict legal requirements.

In general, the duty to maintain another person arises from certain family relationships. Just as children may claim maintenance from their parents and grandparents, siblings may in certain circumstances claim maintenance from one another. Importantly, this obligation may extend not only to biological siblings, but also to adopted or step-siblings, depending on the circumstances.

The law does not allow individuals to immediately seek financial support from siblings. A person who claims to be destitute must first prove that all other reasonable avenues for support have been exhausted. This means that the applicant must demonstrate that the sibling from whom they seek maintenance is their last available option for financial assistance. There is, however, a hierarchy that is first followed:

1.    Parents;

2.    Grandparents; and only then

3.    Siblings

Courts apply a strict test when evaluating such claims and must carefully balance the needs of both parties. Before a sibling can be ordered to provide support, the court will consider whether that sibling can support themselves and their immediate family before expecting them to contribute towards the maintenance of a sibling. In other words, the law does not allow maintenance claims that would place the paying sibling in financial hardship.

To succeed in such a claim, the applicant must demonstrate financial necessity and prove that they cannot financially sustain themselves. This usually requires submitting bank statements, proof of income (if any), evidence of expenses, and information relating to social grants or other forms of assistance. Further, the Applicant is required to demonstrate that they are not simply unwilling to work, but that they are truly unable to secure useful employment. The court must be satisfied that, without support, the applicant would genuinely suffer financial hardship.

At the same time, the court must determine whether the sibling from whom maintenance is claimed has the financial means to assist. The court may require the sibling to disclose financial information such as bank statements and proof of income in order to assess their financial position. The key question is whether the sibling has surplus income after covering their own essential expenses.

Individuals who wish to pursue a maintenance claim may approach their local Magistrate’s Court, either in the area where they live or where they study. Applicants will typically need to provide proof of residence, a certified copy of their identity document, a list of their monthly expenses, and the address of the sibling from whom they wish to claim maintenance. The maintenance court will then assess the circumstances and determine whether the legal requirements for such a claim have been met.

Although the law does allow maintenance claims between siblings, it remains a strictly regulated and exceptional remedy. Courts will carefully assess both the financial need of the applicant and the financial capacity of the sibling before granting such an order. For this reason, maintenance claims against siblings are typically only successful where no other support is available and genuine financial hardship can be proven.

Written by Alexis van Eeghem

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This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW Attorneys & Conveyancers at info@hjwattorneys.co.za directly for advice applicable to your specific matter.