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Mercy (aa)     28 June 2011

Challenging a will

 

My brother and his wife stayed with my father before he died and had always verbally said that he would give me a share in the property. My brother and sister-in-law holds on to all the property documents and FD bank account numbers. With due respect to my sickly dad I did not ask him anything about the property documents or bank account details while he was alive. My father also allowed me to live in the corner of the land in a single room apprx 250 sq feet.

Now after his death the entire property and all the bank money has been written off to my brother through a registered will. The will sates that I need to vacate the property after my fathers death and give even that to my brother. My brother is sending me legal notices to vacate the property as the will states so. My brother is also refusing to give me any property document copy or bank statement copy saying that since the will is in his favour he does not have to show me anything.

I want to dispute this in court. I do not want to vacate my fathers property. What kind of suite do I file? I want to get a copy of all the propery documents from my brother. How can I do it? I do not want my brother to sell any of this property before I file the case. How do I start proceeding with this case?

 



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 3 Replies

Daryl Andrade (Advocate )     28 June 2011

Can an Executor sell the property through a Power of Attorney.  Is there any authroity to the effect. The Post or mantle of an Executor is not heritable and cannot be delegated. Any Judgements of the Supreme COurt. 

Antony (aa)     08 July 2011

 

My brother and his wife stayed with my father before he died and had always verbally said that he would give me a share in the property. My brother and sister-in-law holds on to all the property documents and FD bank account numbers. With due respect to my sickly dad I did not ask him anything about the property documents or bank account details while he was alive. My father also allowed me to live in the corner of the land in a single room apprx 250 sq feet.

Now after his death the entire property and all the bank money has been written off to my brother through a registered will. The will sates that I need to vacate the property after my fathers death and give even that to my brother. My brother is sending me legal notices to vacate the property as the will states so. My brother is also refusing to give me any property document copy or bank statement copy saying that since the will is in his favour he does not have to show me anything.

I want to dispute this in court. I do not want to vacate my fathers property. What kind of suite do I file? I want to get a copy of all the propery documents from my brother. How can I do it? I do not want my brother to sell any of this property before I file the case. How do I start proceeding with this case?

 

Jonathan D (Practising Advocate)     27 November 2011

Hi,

Your brother will have to apply for the Probate of the alleged will in the competent court who will then issue a citation. Thereafter, you can file a caveat opposing the grant of the probate.


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