I am the exe4cutor for an estate involving a 17 year old son who turns 18 in three months. There is no will. The estate is worth around R350,000 or more. The son is immature and has no idea of the value of money other than to have a jol! He has std 8 education and is working as a trainee diving instructor. Can the money be placed in trust until he is 21 or must he get it in three months time when 18?
Good day. Unfortunately, without a will providing for it, he is entitled to the money when he turns 18. The only way in which you can keep the money away from him is to apply to be appointed as his curator bonis. This will be a High Court application in which you need to show that he does not have the capacity to make his own financial decisions. Unfortunately, I cannot give you any guidance on the probability of success with this application with the information provided and normally, in applications such as this, the report of a psychologist is needed to persuade a Judge that the person is incapable of making decisions.
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L.LB, Civil and criminal litigation, contracts, labour and family law
Thank you - what a pity to see him squandering the money, but that life.
regards XXXXX XXXXX Danny Liebenberg
It is. I understand why the Government reduced the majority age to 18, because of child headed households due to AIDS, but this is one of those instances that indicate that it may have been a better idea to make emancipation applications easier.
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