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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