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IOL News
9 hours ago
- Business
- IOL News
The risks of nominating a family member as executor
Choosing a family member as an executor can lead to conflicts of interest and mismanagement of an estate. This article explores the legal implications and offers insights into why appointing a professional executor may be a wiser choice. Image: IOL Money, they say, is the root of all evil. And this is what often happens when a family member has a role to play when it comes to devolving assets for a deceased estate when they have been appointed as executors. Several court cases deal with misdeeds or conflicts of interest by family members of someone who has died and are then in a position of power when it comes to wrapping up the dead person's estate. In one, a gentleman called Ronnie died and appointed his life partner, Susanna, and his tax practitioner as co-executors. Ronnie's son, Sean, and Susanna were set to inherit his estate in accordance with Ronnie's will. This is not illegal. Capital Legacy explained that it is possible for someone to both be a beneficiary and executor of a will and, in fact, there are times when this makes practical sense. It said that, however, when family or friends are appointed, a co-executor is also appointed. Appointing a professional also means there's a safety net because, if they become incapable of doing their duties, should they, for example, also die, there will be a contingency plan in place as someone else from their business can take over. Sean felt the estate was being mismanaged and, so, went to the Cape Town High Court asking that the executors be removed and the Master replace them. He argued that the two executors, especially Susanna, had a conflict of interest because she couldn't be fair when she was set to benefit. According to Sean, he had been trying for some time to get the relevant financial documents from the executors and hadn't received them. He also told the court he had asked the Master of the High Court for assistance, without success. The Master of the High Court is meant to ensure that the process is carried out according to the Administration of Deceased Estates Act and the will's stipulations. Detailed in the ruling is a key matter: a dispute between Sean and Susanna as to whether an AirBnB was part of Ronnie's estate. Susanna argued, with the tax practitioner supporting her, that Ronnie intended her to have the AirBnB so she could generate income and 'cease her 30-year-long transcription services work which had become increasingly burdensome,' as the ruling said. The rather lengthy court ruling concludes with granting Sean an order that Susanna and the tax practitioner are 'hereby removed as executors of the deceased estate' and the Master had 30 days to appoint a new executor. As part of the ruling, the judge said that Susanna and the tax practitioner had to provide detailed documentation regarding their administration of the estate, including income and expenses, as well as assets. Wayne Mostert, MD of ASI Wealth, explained that 'the court found that Susanna, being both a beneficiary and executor, was in a position where her personal interests unduly influenced her ability to act impartially in administering the estate. This conflict of interest, coupled with concerns about transparency and documentation, contributed to her removal.' What also concerned the court, said Mostert, was that 'the tax practitioner aligned herself with Susanna,' which 'undermined her objectivity and cast doubt on her ability to act in the best interests of all beneficiaries'. As PM Attorneys explained in a blog, executors could 'make decisions that personally benefit them'. Mostert said this had also been ASI's experience. The sad reality is that cases like these are not isolated, said Mostert. 'Emotions run high during the winding up of estates, and appointing family members as executors often leads to tension, suspicion, or outright disputes, particularly where significant assets or families are involved,' he said. PM Attorneys advised that executors who are beneficiaries should be cautious to maintain impartiality and fairness in estate administration. 'Executors must act in good faith, following the instructions in the will and in accordance with South African law,' it said. To mitigate such issues, the law firm advocates for the executor to be transparent, a viewpoint with which Mostert concurs. Or better yet, appoint an independent professional. Independent executors are held to fiduciary standards and are legally obligated to act in the best interest of the estate, said Mostert. 'They have systems in place, the necessary experience, and no emotional involvement, which allows them to carry out their duties objectively and in line with legal requirements,' he said. Transparency is crucial in estate administration, noted Mostert. 'It builds trust, reduces the likelihood of disputes, and ensures that beneficiaries feel respected and informed throughout what is often a very difficult time,' he said. Mostert explained that estate planning is not just about writing a will: 'It's about putting the right structures in place to protect your legacy and ensure a smooth transfer of assets.' Aspects that could lead to a conflict of interest: Disagreements among beneficiaries Other beneficiaries might think the executor is making decisions in their own favour rather than equally considering everyone's interests, which is especially common with larger estates. 2. Allegations of mismanagement or fraud Claims of mismanagement or fraud can result in extended legal proceedings, to the detriment of all parties. 3. Lack of experience Beneficiary executors may lack the experience needed for estate administration, potentially causing delays or legal issues due to mistakes. Source: PM Attorneys PERSONAL FINANCE
IOL News
a day ago
- IOL News
Social media reacts to sentencing of trio found guilty of child trafficking in Joshlin Smith case
Sentences were passed down on the accused in the much-followed case of missing girl, Joshlin Smith. While many praised the judge, quite a few thought that the sentences, although the maximum, were too lenient. Reset restore all settings to the default values Done Beginning of dialog window. Escape will cancel and close the window. @womenforchange5 Joshlin Smith's three convicted kidnappers Kelly Smith, Jacquen Appollis, and Steveno van Rhyn have been sentenced to life imprisonment for human trafficking and 10 years for kidnapping. Joshlin, please come home @ClaudetteGGibs1 I have been following Joslin's story since the beginning. Today, her mother, the mother's boyfriend, and one other person have been sentenced to life in imprisonment for human trafficking and 10 years for kidnapping. They still have not found her body. May Joslin RIP. @XFactor079 The accused in the Joshlin Smith case were sentenced to Life Imprisonment for Human Trafficking and Kidnapping. Justice finally prevails @NubianIvory11 This is one calm Judge. Nathan Erasmus carried this trial with poise ... @masthibo There are no mitigating factors in the Joshlin Smith case. The girl is still missing and presumed dead while Smith, van Rhyn and Appollis still don't want to come clean even after conviction. @BladesSpookie Judge Erasmus, we thank you as South Africans for the verdict today. Justice for Joshlin Smith @IOL 'You go as far as to blame your parents for your conduct in this matter. We know from February 19, 2024, the lack of concern you have shown.' – Judge Nathan Erasmus' seething remarks on Kelly Smith.' @Laureasons_ Joshlin Smiths mother was sentenced to life in prison. A small consolation for what she'd done to that poor little girl. @zekewareley Today, #JoshlinSmith, who disappeared 15 months ago from Saldanha Bay, gets the justice that she deserves. But, the worst part is that she remains missing. @vbthoughts_001 Joshlin Smith: The accused have been dealt with. Life imprisonment and an additional 10 years for kidnapping. Justice may be served on paper, but is this enough for a little girl who is still missing? @mirriamp Thank you to the Western Cape High Court for bringing this trial closer to the community that still live the trauma of the disappearance of Joslin Smith and the mother implicated. @visse_ss Joshlin Smith's three convicted kidnappers sentenced to life imprisonment for human trafficking and 10 years for kidnapping. Not enough! DAILY NEWS
IOL News
2 days ago
- Health
- IOL News
Two seismic shifts in American health policy point have RFK's fingerprints all over them
This week, two pivotal events highlight the evolving landscape of American health policy, revealing RFK Jr.'s significant influence on the direction of health care in the US, writes Armstrong Williams. Image: IOL To understand where our nation's health policy stands currently and where it is headed, two things occurred this week that enlighten our thinking. The first is Secretary Robert F. Kennedy Jr.'s recent speech before the World Health Organization (WHO) General Assembly outlining in stark detail the specific reasons why the United States has left that organisation. On many levels, the global body has lost credibility – revealing its corrupt ties to the Chinese Communist Party and reckless manipulation from the strong arm of pharmaceutical companies. Kennedy was right to charge that the political interests of the WHO have become more important than the health security of nations around the globe. Let's go deeper on the overwhelming influence of the Chinese government regarding the WHO. The global pandemic was a prime opportunity for the WHO to step forward and assert unbiased, science-based leadership. Yet instead the group bent its knee to the CCP, hiding critical information and peddling false assumptions pushed by China. Is that in the WHO charter – to put its thumb on the scale of geopolitical squabbles? They're a health organisation, for Pete's sake! There's no room in health care delivery and research for politics. Yet gender ideology and other forms of political pseudoscience have permeated the thinking of organisations such as the WHO. And to what benefit? What public good? The president made the right call pulling its funding, and Kennedy gave a timely speech calling out what has been so wrong with that organisation for too many years. The second shift in where US policy with respect to health care is headed can best be captured in Kennedy's first 100 days at the helm of HHS. While it is very 'vogue' to look at a leader's first 100 days at the helm of whatever job they are doing, in Washington this often leads to much ado about nothing. The reality is, it's very difficult to set out in 100 days to make any lasting change. I think many politicos realise that. But I have to say, Sec. Robert F. Kennedy Jr.'s first 100 days as Secretary of Health and Human Services (HHS) has ushered in a period of ambitious reform to reshape America's approach to health and wellness. He stands in stark contrast to his predecessor. But that's not saying much. No, RFK, Jr. has set out on a path that focuses on Americans' true health, driving at the root causes of many diseases and what has ailed Americans. That should be commendable. With a mission to 'Make America Healthy Again,' Secretary Kennedy has prioritised chronic disease prevention, food safety, and a more efficient HHS. At the heart of Kennedy's mission is a renewed focus on the root causes of chronic disease. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ One of his top priorities so far has been to investigate the rise of autism and its potential environmental contributors, including air and water pollution, food additives, and mould. While experts remain skeptical of a direct link, Kennedy has long insisted that autism is a 'preventable disease,' and has committed HHS resources to uncovering environmental factors, promising preliminary findings by September. At the same time, Kennedy has publicly endorsed the MMR vaccine, calling it 'the most effective way to prevent the spread of measles', a notable shift from his earlier views and a move that aligns with mainstream medicine - a clear signal he's willing to evolve when the facts warrant it. In the area of food safety, Kennedy and FDA Commissioner Dr. Marty Makary have committed to eliminating eight petroleum-based artificial food dyes from foods and medications by the end of 2026, aiming to reduce chronic disease and improve children's health. His administration has also proposed banning ultra-processed foods in schools and other institutions, reflecting his belief that food policy is central to tackling chronic disease. That may sound radical to some, but it's a simple truth: if we don't fix what's on our plates, we'll never fix what's ailing our nation. When it comes to specific health industries, let's quickly examine the Secretary's interest in the medtech sector. At a time when AI is enhancing prevention, early detection and treatment, Kennedy's emphasis on the role of innovation in health care is spot on. Further, the rise of digital health tech – including consumer wearables from rings that track your vitals to continuous glucose monitors – should play an increasingly important role if Kennedy is to accomplish his goals in improving individual health outcomes. Internally, HHS underwent significant reorganisation. Kennedy consolidated 28 sub agencies into 15 and announced plans to reduce the workforce by 20,000, aiming to save taxpayers $1.8 billion annually. While Kennedy's first 100 days have sparked both optimism and controversy, he has undeniably set a new tone at HHS, one that is focused on prevention, innovation, and a willingness to challenge the status quo. And that's exactly what America needs. * Armstrong Williams ( @arightside) is a political analyst, syndicated columnist and owner of the broadcasting company, Howard Stirk Holdings. He is also part owner of The Baltimore Sun. ** The views expressed here do not necessarily represent those of Independent Media or IOL.
India Gazette
2 days ago
- Business
- India Gazette
Rajnath Singh approves Miniratna status to three Defence Public Sector Undertakings
New Delhi [India], May 29 (ANI): Defence Minister Rajnath Singh has approved the grant of 'Miniratna' status Category-I for Munitions India Limited (MIL), Armoured Vehicles Nigam Limited (AVNL) & India Optel Limited (IOL), the Ministry of Defence said in a press release. Congratulating these Defence Public Sector Undertakings (DPSUs) for their transformation from a government organization to a profit making corporate entity in a short span of three years, Defence Minister expressed his satisfaction over the initiatives taken by the management of MIL, AVNL and IOL to increase the turnover of the company, maximize indigenisation and meet other performance parameters for grant of Miniratna (Category-I) status. Munitions India Limited has achieved significant milestones after inception, including stellar growth in sales from Rs 2571.6 Cr in 2021-22 (H2) to Rs 8282 Cr (provisional) in FY 2024-25. On the Export front, MIL has achieved a growth from Rs 22.55 Cr in FY 2021-22 (H2) to Rs 3081 Cr in FY 2024-25 (Provisional). The major products of MIL include small, medium and high calibre ammunition, mortars, rockets, hand grenades etc. with in-house manufacturing of initiatory compositions, propellants and high explosives. Armoured Vehicles Nigam Limited has witnessed a significant growth in sales from Rs 2569.26 Cr in 2021-22 (H2) to Rs 4986 Cr (provisional) in FY 2024-25. AVNL has also achieved 100 percent indigenization of Engines for all the 3 platforms viz. T-72, T-90 and BMP-II. The major products of AVNL include Armoured/ Combat Vehicles (T-90, MBT Arjun, Infantry Combat Vehicles 'BMP-II Sarath' etc.), support vehicles (MPV, AERV etc.) and Defence mobility solutions (Stallion, LPTA etc.) India Optel Limited, over the past three years, has pushed its sales from Rs 562.12 Cr in 2021-22 (H2) to Rs 1541.38 Cr (provisional) in FY 2024-25. The main products of IOL include Opto-Electronic systems and vision equipment which are used in land system platforms and weapons like battle tanks T-90, T-72, Infantry Combat Vehicle BMP-II, Artillery Guns, Naval Guns etc. The bestowal of Miniratna status to MIL, AVNL and IOL will further empower these companies to achieve accelerated growth trajectory and new heights in defence production and exports. To enhance functional autonomy, efficiency and unleash new growth potential and innovation, erstwhile Ordnance Factory Board (OFB) was converted into seven Defence Public Sector Undertakings, including these three DPSUs w.e.f. October 1, 2021. While MIL and AVNL are Schedule 'A' new Defence Public Sector Undertaking (DPSU), IOL is a Schedule 'B' DPSU under the administrative control of Department of Defence Production (DDP). (ANI)
IOL News
2 days ago
- IOL News
Olorato Mongale's murder: A reflection on the dangers facing South African women
Olorato Mongale was recently found dead after going on a date. Image: X Olorato Mongale, a 30-year-old journalism graduate and WITS student, was recently found dead after going on a date. Police have announced that they have arrested one suspect and are searching for two more. On that tragic day, Mongale was picked up by her alleged date, sparking discussions about the precautions that South African women are expected to take to navigate the country's femicide crisis. Women For Change founder Sabrina Walter told IOL that she is exhausted by the same cycle of grief, outrage, and hollow discussions that follow every femicide. "The conversation shifts to what she could have done differently, as if women are responsible for their own murders," she said. "I am tired of being asked what 'precautions' women should take when the real question should be: Why are men still getting away with murder?" Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Walter asserted that Mongale did not die due to a lack of precautions, but because men who were reportedly out on bail gained access to her and ultimately murdered her. National police spokesperson Brigadier Athlenda Mathe said two of the suspects are currently on the run, Bongani Mthimkhulu and Philangenkosi Makhanya were previously arrested and charged for kidnapping and robbery. Mathe said the syndicate preys on young women at malls. "We are investigating a syndicate. These men use the same modus operandi where they approach these young women at malls and ask to take them out on dates. When these women agree, that is when they plan to rob them," she said. Walter questioned why these men were free after the charges levelled against them. "Why does our justice system continue to fail women? Why is there no accountability for a system that allows violent men to roam free despite previous charges of kidnapping and robbery? "We are not dying because we aren't being careful enough. We are dying because our government is not doing enough. Where is President Ramaphosa while women are being murdered in their homes, on university campuses, in post offices, while going out on a date? Where is his leadership when we really need him?" Expressing the same sentiments, Mukhethwa Dzhugudzha said that the discourse about precautions should be shutdown. According to Dzhugudzha, Mongale was not reckless as she told her friends where she was going and even shared her location. On victim blaming and telling women to pick better, he said: "Abusers don't come with a label on their foreheads. They act like regular people... When you are telling women to be more careful, you are admitting that violence is normal and you're telling them to expect it from all men." He questioned why it is a woman's responsibility to avoid danger instead of violent men ceasing to perform cruel acts on a vulnerable population. "The truth is that women can do everything right, take every precaution and still end up like Olarato because it isn't women's judgment, it's men's entitlement" Presenting the fourth quarter crime figures for the 2024/25 financial year, police minister Senzo Mchunu said statistics revealed a decrease in murder rates but a rise in gender-based violence (GBV). Cape Argus
