Latest news with #Modiga
The Herald
27-05-2025
- The Herald
Man fails to prove his right to inherit late partner's estate
Mogase claimed he was entitled to inherit from Modiga's estate in terms of the act and that Modiga's children (the first and second respondents) treated him unfairly after their mother died. He was therefore seeking an interdict restraining them from denying him access to his primary residence pending the finalisation of Modiga's estate. Further, he sought an order restraining Modiga's children from disposing of any of their mother's assets, from changing the locks on the house and for the return of Modiga's identification card and any documents in their possession that belonged to her. Mogase alleged that on December 16 2009, he and Modiga entered into a customary marriage. Her children, however, denied the customary union but acknowledged that Mogase and their mother were in a long-standing romantic relationship. The siblings opposed Mogase's application on the basis that their mother left a valid will in March 2020. In the will, she did not nominate Mogase as a beneficiary but left her entire estate to her three children — the first and second respondents, and a third child who was not cited as a respondent in the application. The master of the Pretoria high court issued a letter of executorship to the first respondent, who, in his capacity as executor of the estate, proceeded with its administration by opening an estate account at First National Bank. In addition, the first respondent lawfully took control of the assets of the estate in terms of the amended Administration of Deceased Estates Act. The court highlighted that, based on Modiga's valid will, which was accepted and acted on by the master of the high court, Mogase's allegation that he was entitled to inherit from Modiga's estate in terms of the Intestate Succession Act could not stand. The court added that even if it was accepted that Mogase entered into a customary union with Modiga and that he was married to her in community of property (which was not the basis upon which he approached the court), he would at best have a claim against the deceased estate, but not against the two respondents. The court, accordingly, dismissed his application. SowetanLIVE
TimesLIVE
26-05-2025
- Politics
- TimesLIVE
Man fails to prove his right to inherit late partner's estate
Mogase claimed he was entitled to inherit from Modiga's estate in terms of the act and that Modiga's children (the first and second respondents) treated him unfairly after their mother died. He was therefore seeking an interdict restraining them from denying him access to his primary residence pending the finalisation of Modiga's estate. Further, he sought an order restraining Modiga's children from disposing of any of their mother's assets, from changing the locks on the house and for the return of Modiga's identification card and any documents in their possession that belonged to her. Mogase alleged that on December 16 2009, he and Modiga entered into a customary marriage. Her children, however, denied the customary union but acknowledged that Mogase and their mother were in a long-standing romantic relationship. The siblings opposed Mogase's application on the basis that their mother left a valid will in March 2020. In the will, she did not nominate Mogase as a beneficiary but left her entire estate to her three children — the first and second respondents, and a third child who was not cited as a respondent in the application. The master of the Pretoria high court issued a letter of executorship to the first respondent, who, in his capacity as executor of the estate, proceeded with its administration by opening an estate account at First National Bank. In addition, the first respondent lawfully took control of the assets of the estate in terms of the amended Administration of Deceased Estates Act. The court highlighted that, based on Modiga's valid will, which was accepted and acted on by the master of the high court, Mogase's allegation that he was entitled to inherit from Modiga's estate in terms of the Intestate Succession Act could not stand. The court added that even if it was accepted that Mogase entered into a customary union with Modiga and that he was married to her in community of property (which was not the basis upon which he approached the court), he would at best have a claim against the deceased estate, but not against the two respondents. The court, accordingly, dismissed his application.
The Citizen
09-05-2025
- The Citizen
One arrested after armed robbery at Meadowdale Mall
One arrested after armed robbery at Meadowdale Mall The Bedfordview SAPS is continuing efforts to find and arrest more thieves after they committed a business robbery at the Dis-Chem in the Meadowdale Mall shortly after 10:00 on May 2. 'The complainant, a security guard, reported that while on duty, he was threatened with a firearm,' said. Bedfordview SAPS spokesperson Sergeant Lillian Modiga, who confirmed five unknown males were involved in the robbery. ALSO READ: Police bust suspects and foil truck hijacking on Modderfontein Road 'The incident occurred when a driver dropped off two suspects, drove off and later returned to drop off another two suspects,' she explained. One male remained at the entrance, acting as a lookout, while the others entered the store and stole several perfumes. 'After the theft, the suspects fled the scene in a silver Kia Picanto,' said Modiga. Later that same day, officers traced the men and arrested one in Jeppe Town, whom they found with perfumes matching those stolen from the shop at the mall. ALSO READ: Relatives called to claim body of man found near Modderfontein Road – SAPS The SAPS arrested and charged the man for possession of stolen goods and a stolen motor vehicle. The case remains under investigation as the police try to locate the remaining robbers. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
03-05-2025
- Business
- IOL News
Court denies man's claim to deceased lover's estate amid family dispute
The Gauteng High Court, Pretoria, has dismissed an application of a man who claims that he is entitled to inherit the estate of his lover of 16 years. Image: File A man who claimed to be in a customary marriage with his long-time lover, who died in 2023, has been denied to claim her estate as the children of his partner dispute the marriage and produced a will that did not include him. Early this week, the Gauteng High Court, Pretoria, dismissed Phillip Botha Mogase's claim with costs. Mogase had told the court that he was entitled to inherit the estate of his long-time lover of 16 years and wife, Ntipo Debroah Martha Modiga, who died in June 2023. Mogase said he and Modiga entered a customary union on December 16, 2009, after being together from 2007. However, Modiga's children, Patrick Modiga and Keitumetse Rafedile, disputed the marriage and admitted that the pair was in a longstanding relationship. Patrick and Rafedile said their mother left a valid will dated March 3, 2020. They claimed that Modiga included them and her third sibling, Malefynane Modiga, in her will rather than designating her lover, Mogase, as a beneficiary. She had also nominated Standard Trust Limited or Standard Bank of South Africa Limited as executors of her estate, but they renounced their nomination as executors in writing. The Master of the High Court: Pretoria issued a letter of executorship to Patrick on July 17, 2023. He proceeded with the administration of the Modiga estate by opening an estate account at First National Bank. 'It accordingly logically follows that the first respondent in his capacity as executor of the deceased estate lawfully took control of the assets of the deceased estate in terms of the Administration of Deceased Estates,' said Acting Judge JF Grobler in his judgment. Mogase said his lover's children treated him unfairly after she passed away. Seeking legal protections, in his notice of motion dated July 13, 2023, Mogase wanted the children to be prevented from denying him access to his main home in Karenpark, Akasia, until the estate is settled. He wanted to stop the children from selling any assets belonging to his lover and required them to return her identification cards and any documents belonging to her. He also wanted them to cooperate with him in reporting the estate to the Master's office and sign any necessary forms. Furthermore, Patrick and Rafedile had opposed these claims. Acting Judge Grobler said that on the basis that the valid will of Modiga was accepted and acted on by the Master of the High Court, the application of Mogase can not stand. 'Even if it is accepted that he entered into customary union with Modiga and was married to her in community of property, which was not the basis upon which he approached the court. He would at best have a claim against Modiga (lover) and not against the two respondents (Patrick and Rafedile),' Grobler added. Additionally, Grobler expressed his dissatisfaction with Mogase's attorney for failing to comply with the practice directives of the High Court by uploading the heads of argument for this matter on the date of the hearing.
IOL News
03-05-2025
- Business
- IOL News
Court denies man's claim to deceased lover's estate amid family dispute
The Gauteng High Court, Pretoria, has dismissed an application of a man who claims that he is entitled to inherit the estate of his lover of 16 years. Image: File A man who claimed to be in a customary marriage with his long-time lover, who died in 2023, has been denied to claim her estate as the children of his partner dispute the marriage and produced a will that did not include him. Early this week, the Gauteng High Court, Pretoria, dismissed Phillip Botha Mogase's claim with costs. Mogase had told the court that he was entitled to inherit the estate of his long-time lover of 16 years and wife, Ntipo Debroah Martha Modiga, who died in June 2023. Mogase said he and Modiga entered a customary union on December 16, 2009, after being together from 2007. However, Modiga's children, Patrick Modiga and Keitumetse Rafedile, disputed the marriage and admitted that the pair was in a longstanding relationship. Patrick and Rafedile said their mother left a valid will dated March 3, 2020. They claimed that Modiga included them and her third sibling, Malefynane Modiga, in her will rather than designating her lover, Mogase, as a beneficiary. She had also nominated Standard Trust Limited or Standard Bank of South Africa Limited as executors of her estate, but they renounced their nomination as executors in writing. The Master of the High Court: Pretoria issued a letter of executorship to Patrick on July 17, 2023. He proceeded with the administration of the Modiga estate by opening an estate account at First National Bank. 'It accordingly logically follows that the first respondent in his capacity as executor of the deceased estate lawfully took control of the assets of the deceased estate in terms of the Administration of Deceased Estates,' said Acting Judge JF Grobler in his judgment. Mogase said his lover's children treated him unfairly after she passed away. Seeking legal protections, in his notice of motion dated July 13, 2023, Mogase wanted the children to be prevented from denying him access to his main home in Karenpark, Akasia, until the estate is settled. He wanted to stop the children from selling any assets belonging to his lover and required them to return her identification cards and any documents belonging to her. He also wanted them to cooperate with him in reporting the estate to the Master's office and sign any necessary forms. Furthermore, Patrick and Rafedile had opposed these claims. Acting Judge Grobler said that on the basis that the valid will of Modiga was accepted and acted on by the Master of the High Court, the application of Mogase can not stand. 'Even if it is accepted that he entered into customary union with Modiga and was married to her in community of property, which was not the basis upon which he approached the court. He would at best have a claim against Modiga (lover) and not against the two respondents (Patrick and Rafedile),' Grobler added. Additionally, Grobler expressed his dissatisfaction with Mogase's attorney for failing to comply with the practice directives of the High Court by uploading the heads of argument for this matter on the date of the hearing.
