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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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My partner died, I am the beneficiary of s estate. The

Customer Question

My partner died, I am the beneficiary of his estate. The lawyers couldn't be appointed as the executors of the will as we were waiting for the marriage status to be changed from married to divorced on his death certificate, he was divorced in 2007. In the meantime, the brother who was forbidden on the property in the will, is stealing from the property, there is a fully equipped engineering workshop. He is using my partner,'s vehicle to do that and that vehicle is now full of bumps. I lawyers said I must ignore that and be satisfied with the property.
Submitted: 4 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 4 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

What you can do is (assuming that you are the sole beneficiary of the estate) is to lay a charge of theft at the police station against the brother. That might be enough to deter the brother from stealing anything else, and might actually make him return the stuff. Once the executor has been appointed, and you have been left the stuff, you could lay a charge of theft against the brother in your own name - as technically you would be the owner of the stuff.

Otherwise, the executors are empowered to recover the deceased's assets wherever they are and to distribute them in accordance with the will - so the fact that the brother has taken the assets won't mean much. He'll need to return them.

Otherwise, you'll need to lock up the property and don't let the brother in. In that way if he breaks in you'll be able to lay charges of trespassing against the brother and maybe also robbery.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

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Good luck and best regards,