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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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I would like to have an advice.......my mother was married

Customer Question

Good day,i would like to have an advice.......my mother was married to my step dad but they were in a process of dervoce but unfortunatelly my step dad passed away & they were married incommunity of property but now my step sister went on to fake a will along with my my step dad's signature but it was proven in court that the signature was fake,but now the current lawyer is delaying the process to have the property sold and we dont know what to do as they lawyer was fully paid his fee.
Submitted: 5 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 5 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.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

If I understand you correctly, the Will was declared a fake, and your step-dad's estate is being wound up without a Will. i.e. by way of intestate succession. I also assume that there is an executor who has been appointed, and that the executor is selling the property. Do you know if the property has been sold, or do you know if it has been sold and you are waiting on transfer to happen?

How do you mean that he is delaying the sale? Can you please explain?

Awaiting your further information.

CaseLaw

Customer: replied 5 months ago.
He has to give us a date to go to court then the court needs to decide on the estate.
Expert:  CaseLaw replied 5 months ago.

Okay. So then the Master has refused to allow the executor to finalise the estate until the High Court decides how it should be finalised. You will then need to wait for a court date. Ask the attorney for proof that he has applied for a court date. Normally this is done by way of notice of set down, so there should be a document available. If you have the case number ***** could also visit the court and ask to inspect the court file. The Registrar should be able to tell you if a court date has been assigned!

Customer: replied 5 months ago.
if the lawyer is the one that delays the process of application then what should i do as a client?
Expert:  CaseLaw replied 5 months ago.

You could always change lawyers! That's your right! You could also speak to another lawyer to give you a second opinion. Maybe that other lawyer can explain it in a different way that you will understand what's happening?

Expert:  CaseLaw replied 5 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw