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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).