Good dayI have no recourse but to reach ...

Asked by manda Siemer-Smith on 14-03-2024 13:01:45
Question posted in the Malpractice Law category relating to North West

Good day

I have no recourse but to reach out in the hope that someone can help me.

My name is Amanda Siemer and I need urgent legal counsel.  Due to the consistent delay of property transfer in an estate matter after the death of my wife in 2021, I am financially and emotionally drained.  I have been lied to, humiliated, disregarded, and given the ‘run around’ for longer than a year by the appointed (as below).  I just don’t know what to do anymore. 

Parties involved:-

1.        Pta Boedels – Appointed Executors of the Estate in October 2021

2.       SVS Law/Attorneys – Appointed by PTA Boedels as Transfer Attorneys 14/01/2022

3.       Eskom Finance/Motcon – Where the house bond lies. 

4.       KBDM – Home Loan Attorneys for my home loan to buy property from Estate.

We were married in community of property with a Last Will and Testament in place as myself being sole beneficiary.  My wife passed on 18/08/2021.  She had a home bond with Eskom finance when she passed.  Amongst other debt as listed on the L&D there was also a Ford Bakkie.


1.        I have paid up ALL debts as listed on the Final L&D as received by PTA Boedels on 27/11/2022, I am currently still paying the monthly costs of Pta Boedels’ services until estate/property matter is settled.  There is also a credit with PTA Boedels of R28000+, that on an estimated transfer fee amount given through by Pta Boedels, should be sufficient to cover transfer costs.  ( I will give more detail on property in point 2). Full payment was made by myself, to the estate for the Ford Ranger listed as part of the liabilities on the L&D on 23/02/2023.  In front of witnesses, in a meeting held with Pta Boedels in Aug 2023, the Executor informed me that he will not sign any transfer of ownership papers, (even though in an email dd 22/03/2023, I was instructed by Pta Boedels to forward all transfer documents to Cobus for signature for transfer of ownership),  of the vehicle until the Estate has been settled in full.  Due to financial necessity, I have had to sell the Ford bakkie and did the transaction legally through the executor office as I am still not the legal owner, although I paid in full, and the buyer then paid the sale amount directly to Pta Boedels.  I did inform the executor that the sale of the Ford, my only transport, was due to urgent financial necessity.  With the money I need to get a ‘cheapie car’ for myself until the property matter has been sorted, pay medical, electrical bills etc that are behind and cover any extra property transfer costs, but he now refuses to pay the money over to me because ‘there is still the matter of the property not being settled on the estate’.  I am now sitting on a smallholding with an elderly mother who is not healthy, with no transport and am in dire financial stress.  I only receive a monthly pension from my late wifes passing and my life savings is exhausted due to continuous payments to the estate property matter of which the delay is unexplainable and not of my doing.  I also lost my Father in December 23, and his medical and funeral costs cleaned me out as he didn’t have any medical aid or insurance.  I just cannot do this anymore.  I need to know what my rights are.

2.       -After a meeting held with Pta Boedels in November 2022, to discuss final L&D received in November 2023, I made it very clear that I do not want to lose my home.  That all other debt on the L&D will be settled timorously, and that I would ‘make a plan’ for the purchase of the property.  I kept my word.  In January 2023 I updated Pta Boedels with feedback regarding home loan applications which I initiated immediately after the festive season closures were over.  On the 08/02/2023 I informed PTA Boedels that a loan was approved with Capitec Bank. That my daughter and I had a joint loan due to the fact that I am a pensioner.  The home loan at that point would have been sufficient to cover all the costs due to Eskom/L&D, including transfer costs and obtaining a new COC certificate.

-On 25/04/2023 the home loan attorneys, on request by SVS Law, forwarded all bond guarantee documents to SVS Law and Pta Boedels, and subsequently at least 3 more times after we have had to resend the home loan documents to all parties because of continuous statements made by both SVS Law and PTA Boedels that they were not aware of such.  The debacle started here. In a meeting held, on my request, with Pta Boedels in August 2023, in front of witnesses, they again informed me that they had no idea of a home loan and only got knowledge of an OTP a week prior to our meeting????  This is only one of the absurd statements and shoulder shrugging that I am dealing with now for a year. Pta Boedels was informed on 08/02/2023, OTP documents sent numerous times as well as consistent requests by myself on feedback.  I was even congratulated in an email by Pta Boedels in Feb 2023, and yet they had no idea of such in August 2023?

- I was also humiliated by Pta Boedels on an email sent to all parties where I requested feedback on why there is a delay in the process, I was informed that ‘they do not have to answer my queries due to long overdue non payment’.  I had to again send Pta Boedels a breakdown with the POP for items paid as listed on the L&D?  All debts had been settled at this point except the property matter.   With numerous requests for feedback and progress, where the executor via email and in meeting, reiterated that they ‘do not do follow ups’ and that I must ‘handle the matter myself’,   I then obtained the information pertaining to the property, again after numerous requests, and paid the difference between what was owing on the bond and the bond guarantee on 21/06/2023 = R42604.62. Because of the delay and interest, at this point, the loan amount/ guarantee was not enough.

-Please note that I have all correspondence, proof and witnesses of everything I am stating.  Literally a whole file of correspondence trying to get this matter sorted. 

-On 09/11/2023 I received a third demand to make payment towards the difference on what was owing to Eskom and loan guarantee of an amount of R68,153.13,  On my query as to this amount, it was confirmed that SVS Law had no idea/knowledge of the payment made 21/06/2023, yet proof of payment was sent to them and Pta Boedels via email on the same day payment was made which I have had to once again forward with the emails pertaining to SVS Law on 09/03/2024?  The are noe demanding that I pay the R68,153.13 or they will not proceed with transfer of property.  Numerous requests for feedback on the amount of R42,604.62 paid towards the difference between Eskom and home loan guarantee on 17/07/2023 is being disregarded.  They refuse to give me feedback.

-Pta Boedels on a reply to an email dd 09/03/2024 stated that they had no idea that my daughter was joint applicant in the property?  This is absurd.

-Today 11/03/2023 after I sent another email requesting urgent feedback on what is going on because the home loan attorneys are now requesting urgent feedback from me, I was told that SVS Law must again first request final figures from Eskom and they will let me know.  but had already sent through the signed OTP from SVS Law for my daughters portion of the sale in February 2024?  I have not received any documentation for my portion of the sale to date.  What have they been doing for a whole year?  I don’t understand what is going on and on all my requests for feedback I have to date received no answer.  Pta Boedels is refusing to pay over the sale of the bakkie funds and blames SVS Law for the delay in transfer, (stated in meeting held in Aug23), and SVS Law just keeps passing this matter on to different agents/lawyers since 25 April 2023.   I have dealt with 3 to date, and I am still nowhere and still having to pay.  I feel this delay is deliberate and my best interest is not their concern, and I fear that this is maybe due to family interference as my late wifes sister works at the Eskom finance department and she was very adamant that her family wants the property.  This is not just a house.  This is my home.

This is just a very short rendition, but I hope that I have some legal leg to stand on in this matter.  Please,  I need urgent help.  I don’t know the law and don’t know what I am permitted to do.  I have nothing left now to sell.  AT this point I don’t even have the funds to appoint a lawyer to help me.  I have been trying for two years to find work, but I do think my age is a deterrent in not getting work, and with the sale of the Ford, I wanted to start a home-based business to supplement my pension.  I cant even do that now.  This matter is taking a serious toll on my mental as well as physical health with the constant financial stress.  There is not a moment that I do not live in absolute fear and disbelief of what has transpired to date and what is still to come and am I going to lose my home. This uncertainty is consuming my life.


Amanda Siemer-Smith

Cell: 0649219606

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