South Africa Law
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Good day Madam!
1.Dont sign anything they want you to sign!
2. If your husband passes away in the future and you are not nominated in his will or if you are nominated but it is a meager amount that is bequeathed to you, you may lodge a claim against the estate of your husband for maintenance for the rest of your life so the executors (if there is money left after all creditors have been paid) will be forced to acknowledge your claim as his wife and your claim must first be satisfied before the executor may pay out or transfer assets to his other beneficiaries like your mother in law.
3.You may also summons him for a divorce if you want out of the marriage and you still have the right to claim maintenance from him even though you are married out.
4. Your claim at divorce or against his executor at his death will also have an even greater effect as you are married with the accrual.
Quick and simple explanation of accrual: Since you got married up to the date of death or at date of divorce of your husband, say his assets is worth R100 000 and yours is R50 000, then the difference between the asset value(R50 000) is divided by 2 (R25000) and the party with the smallest asset value is entitled to claim the R 25000.
So yes you have a maintenance claim and a claim on the basis of the accrual. However any assets in a Trust falls outside the calculation of his personal assets and wont be included in the calculation of the accrual but this wont affect your maintenance claim.
Please note that people who cant afford an attorney may refer their case to the legal aid board which will provide you with a lawyer free of charge.
However i am sure that some attorneys who specializes in these type of matters may ask you for no deposit but will agree to collect their fees after your claims have been satisfied.
This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Thank you for your question and if you feel that I have been of assistance kindly accept my answer.
This is terrible. So, he and his mother walks with everything....I should have known, thats why they kept on telling me i will land up in the streets. He has NOTHING in his name - personal - eveything is in the trust with the 2 of them as trustees. So, basically, I should live like this for the rest of my already miserable life.
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