Good day my name is precious nkomo I nee...

Asked by PreciousNK on 02-10-2020 20:20:28
Question posted in the General Law category relating to Gauteng

Good day my name is precious nkomo 

I need legal advice, my parents were married in community of property they had a joint will in 2002 at old mutual, we recently discovered that my late father had another will at work, my father appointed my late mother to his estate, we reason we seek a lawyer is because my late father gave my mother 40% from his pension fund and he gave all his children 10% including the ones from outside the marriage and his girlfriend, our problem is that the GEPF what's to distribute my late mother 40% with my fathers girlfriend and his children from outside which is not fair. 

-firstly we were fully dependent to the deceased

-we live in the family home which we now have to pay rates/ taxes and maintenance.

-we still unemployed and still at school. -the other children from outside the marriage have their own mothers and their mothers are working.

- we have to pay for the nanny who takes care of the house while we at school 

-my parents had a agreement that he will provide and maintain my mother he never fulfil his promises 

Information Requested by Lawyer

Posted by Att. Patrick on 03-10-2020 21:19:18

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

I think that the situation that you're finding yourself in is as a result of the discretion that the GEPF has in how it distributes the money. I think that their rules probably says that they can make a distribution to whoever was financially dependent on your dad. Is that right?

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.