South Africa Law
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HiWelcome to Just Answer!! Thank you for giving me the opportunity to assist you.
Is your brother still a RSA citizen?
At the time of his death my brother was a resident of Zambia, well he was living there, British Subject with Permanent Residence in RSA. Don't know if that's what you want to know.
It certainly sounds like his financial advisor did not execute his duties with the proffesionalism that was expected. The main issue here is that your brother did not have a will redrafted after his divorce and if nothing was done for such a long period of time after his divorce the courts can only assume that this was his last will. Normally, if you get divorced and you pass away within 6 months and you do not have new will the courts will accept that you would have changed it but for a period longer than this you will have a problem.
If off course your brother gave specific instructions for them to do something and they did not, then they will have a huge problem and his new wife will be able to claim against the financial advisor professional indemnity insurance. From your info above I cannot make the assumption that this was the case.
You can lay a complaint with the FAIS ombudsman and see what they rule in the matter. www.faisombud.co.za
Thanks so much for your response, don't know how we'll ever get this sorted as this man simply refuses to answer any calls from Zambia. Maybe his widow should go the ombudsman route. Thanks again.
All the best. Really hopes it gets resolved.