I just need to know whether the time has...

Asked by Ansie Els on 22-02-2022 12:28:22
Question posted in the Family Law category relating to Western Cape

I just need to know whether the time has come to see my nearest Family Lawyer.  My minor child got badly mauled by a dog in 2013.  My ex-husband, much to my dismay, deposited his compensation payout into his personal bond account.  I am angry that the funds were not put into an investment account/trust in my child's name.  I struggle to get information about it from my ex-husband as he is antagonistic towards me and will simply ignore my messages to him for lengthy (weeks) periods of time.  He claims that he gets a preferential interest rate on his bond account and that it therefore benefits the child.  However, my concern is that if he dies unexpectedly, the money will form part of his estate and make it difficult for my child to claim the compensation due to him.

Answer to the Question

Posted by Att. Patrick on 20-03-2022 08:47:07

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, even if it is R150 or R200.

You are 100% correct in your concerns. It might be difficult for your child to get his money out of your deceased ex husband estate if he were to die. 

I think maybe your ex husband is hoping that everyone will forget about the money and will never mention it again.

I think that you should get your ex husband to sign a letter acknowledging that the child's money has been deposited in his bond account and confirming that the money belongs to the child, and that your ex husband is presently investing the money on behalf of the child.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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