Estates resolution advice

[deedee]

Hi there,

I am trying to help a friend, who has gone through so much trauma the last couple of years. Long story short he lost his entire family (mom, dad and brother) to cancer. In the last two years of his dad's life his dad remarried a women in community of property.
The dad had a last will and testament registered with the Masters dating back to 1992. In the will there is a clause:
His step mom is giving him so much grief and mistreating him so badly. He has an attorney whom he has a payment arrangement with, but the matter is dragging and the attorney is rather slow to respond.

Has anyone dealt with a similar situation? Any advice or leads to help him will be much appreciated.

Thanking you in advance

 

[Eti1]

What is the actual problem, and what does your friend want? Mybb lawyers SC can assist, but may need some more information first.

 

[Corelli]

There is a facebook group called LEGAL TALK SA

Go join them. You will get your answers there.

It depends how dad and stepmom is married. In community or out.

If in, then she gets half of all his assets. His will precedes the marriage, and he would have had to marry her out of community of property if he wanted this clause. But he didnt, so she probably didnt agree to it.

Thus.... she gets half of everything.

Then it needs to be decided as per the will, who gets the rest. If nothing then it follows the laws as to how it's split.

DO&JCD: Master/Intestate Succession

If you die without a will, your estate will devolve in terms of the rules of intestate succession (your assets will, contrary to general belief, not go to the state).

www.justice.gov.za

It takes on average upto 3 years to wind up an estate. I am in my second year already and we waiting for info from the Master of the High Court as to the final division of assets.

 

[Corelli]

If stepmom didnt agree to the clause in the will, and they married in community of property, then she is entitled to half. She just has to say that she wasnt aware.

The will may be chucked out for that reason

 

[Corelli]

A will is generally just a guiding document, and can be overruled in court.

 

[deedee]

What is the actual problem, and what does your friend want? Mybb lawyers SC can assist, but may need some more information first.

He needs clarification on whether or not the estate will conclude in his favour, as he is the only living relative and per the will the only beneficiary. He wants to confirm if his step mother, since his dad married her in community of property, if that overrides the outcome to her being the sole beneficiary. They currently reside in the same property, but like I mentioned she mistreats him. Does she have grounds to evict him?

 

[deedee]

If stepmom didnt agree to the clause in the will, and they married in community of property, then she is entitled to half. She just has to say that she wasnt aware.

The will may be chucked out for that reason

Thanks, the will was set up in 1992, and the father passed in 2013.

 

[muisnes]

This is a pretty standard clause in most wills I’ve seen or heard of.

It means that whatever the heirs have inherited according to the testament cannot be claimed in any way or form by their spouses regardless of the manner of the heir’s marriage. It is a way of protecting the legacy after it has been passed along.

It does not have any bearing on how the testator’s estate will be handled with regards to the differences between marriage in or out of community of property.

 

[deedee]

This is a pretty standard clause in most wills I’ve seen or heard of.

It means that whatever the heirs have inherited according to the testament cannot be claimed in any way or form by their spouses regardless of the manner of the heir’s marriage. It is a way of protecting the legacy after it has been passed along.

It does not have any bearing on how the testator’s estate will be handled with regards to the differences between marriage in or out of community of property.

Thank you, this is very helpful