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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4401
Experience:  Admitted Attorney 17 years experience
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Good morning, hope you can help me. My brother passed away

Customer Question

Good morning, hope you can help me. My brother passed away in December, he had gotten divorced from his wife about 3 or 4 years ago, she got 50% (and more) of everything. Before he left to go to Zambia he kept trying to get hold of his financial advisor but it was practically impossible, the guy flat out just ignored his calls. When he was in Zambia he remarried, unfortunately his will was never changed. The financial advisor would just never answer his calls. I know he could've made out a new will, beats me why he never! This guy has not replied any calls from the lawyer in Zambia, he has also ignored the letter from the laywer in Zambia, this has been going on for the last 7 months. I said they should call his office (landline), his secretary answered, on hearing who it was she said the lawyer should phone his cellphone, well as expected no reply!!! What can be done about this man who so blatantly ignores all calls and correspondence in this regard? What happens, does his ex get what was stipulated in the will or does his marriage supercede that? Can he be reported to the Ombudsman?
Submitted: 11 months ago.
Category: South Africa Law
Expert:  JJ replied 11 months ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Is your brother still a RSA citizen?

Customer: replied 11 months ago.

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.

Expert:  JJ replied 11 months ago.

Hi Linda

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

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4401
Experience: Admitted Attorney 17 years experience
JJ and other South Africa Law Specialists are ready to help you
Customer: replied 11 months ago.


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.

Expert:  JJ replied 11 months ago.

Hi Linda

All the best. Really hopes it gets resolved.

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