Question posted in the General Law category relating to KwaZulu-Natal
Dear Advisory Team,
I would like some legal advice please.
My mum recently passed on & her property was willed to my brother who resided with her.
Basically I took care of my mum & brother financially for the past 12 years or so.
He had said to me that he in turn wants to will the property to my child in the event of him passing. My brother cannot work as I feel that he is mentally incapable, although this is not diagnosed.
I continue to take care of him financially. Most recently he threatened to sell the property cos we had a bit of a disagreement. I know my brother very well, as soon as the money he makes from the sale is finished he will be homeless. I don't want this for him neither do I want to lose the family home.
I am prepared to still provide him with the necessities, lights, water, food etc. This costs me about R3 500.00 per month.
I would like to know is there a legal way that I can prevent him from selling the property?
I also want him to keep his promise & will the property it to my kid.
I told him that if he doesn't agree to my terms which I think is more than reasonable then I'm not prepared to help him financially anymore, because he is extremely erratic and unreliable.
So is there any way I can do a legal & binding contract to that effect?
Thank you for listening and your much valued advice, much appreciated.
Regards
Sunitha