AN ONLY child has sought relief in court after her aunt allegedly forged her late mother’s will in a bid to swindle her out of her full inheritance.
Nivasha Naicker, 32, of Chatsworth, approached the Durban High Court to interdict her aunt (mother’s sister), Raeesa Yusoop, 54, of North Beach, and the Master of the KwaZulu-Natal High Court from making any dispositions and finalising the estate of her late mother, Devnee Ganesh.
The other respondent in the matter is Legalwise.
Ganesh died on November 17 in 2020, after battling cancer.
Naicker also called on the court to set aside a will, dated August 13, 2020, and that Yusoop be removed as the executor of the state.
According to the will - which Naicker alleged was forged - Yusoop would receive 60% of Ganesh’s provident fund, her property in Hillary, and her retirement annuity, as well as other savings and investments.
While Naicker would receive 30% of her mother’s provident fund and her vehicle, a VW Polo.
It also stated that 10% of Ganesh’s provident fund would be given to the Cancer Association of South Africa.
Naicker also called on the court to accept a will - dated August 21, 2019 - as her mother’s final will.
According to this will, Naicker would receive 50% of her mother’s provident fund, her retirement annuity, and the vehicle. While Yusoop, would receive 50% of the provident fund and the property.
Naicker also requested that the initial letter of executorship issued by the the Master of the KwaZulu-Natal High Court be revoked, and that she be appointed as the executor.
In her founding affidavit, Naicker, a freight controller, said she was the only biological child of her parents.
She said after her parents divorced in 1991, Ganesh was granted custody.
Naicker said she had lived with her mother, and they shared a very close bond.
She said Ganesh was diagnosed with cancer in 2010 and was in remission for seven years. In 2018, Ganesh was diagnosed with Stage 4 cancer and became extremely ill.
Naicker said during that time she cared for her mother.
“In 2017, the deceased(Ganesh) told me that it was her wish and desire to witness me marry my fiancé. She stated that after our marriage we should reside with her. Taking into account that she was extremely ill and the close bond and relationship we shared, my husband and I decided to get married and reside with her.”
Naicker said when Ganesh became ill in 2018, Yusoop and her husband, would visit them.
She said during these visits, Yusoop and her husband would make derogatory comments and remarks towards her and her husband.
“To the effect that ‘we are illegal tenants and my husband should become a man and find a house for us’.”
Naicker said Yusoop would frequently instruct Ganesh to ask her and husband to vacate the premises, but she refused.
She said this often resulted in numerous arguments between Ganesh and Yusoop. Ganesh thereafter informed Yusoop and her husband, “they should stay at their house and leave our family alone”.
Naicker said she became pregnant during this time and her mother had told her not to worry about their finances.
“She told us, ‘Do not stress as I have already ensured that the baby and the both of you will be provided for financially. I want the best for my grandchild. This is my last wish and desire’. “
Naicker said following her mother’s death, Yusoop told her that her father must not get involved with the will.
“She said that her attorney would be attending to the deceased’s estate.”
However, despite numerous requests for a copy of her mother’s will, Naicker said she did not receive it.
“After a few months, I eventually received a copy of a will purporting to be that of the deceased. I perused the same will and observed that the year had been altered. There were no initials affixed next to the alteration.
“In addition, I observed that a SAPS stamp was affixed to the will, but there was no force number and signature appended. This immediately aroused my that suspicion the said will was indeed a fraudulent will and instructed my attorney to represent me in this regard,” she said
She said her attorney contacted the SAPS legal department and was informed that wills were not stamped.
Naicker said her attorney was also informed by Yusoop’s attorney that Legalwise drafted the will, and not their offices.
She said she then approached Legalwise, who informed her that their offices had drafted Ganesh’s will - which was dated August 21, 2019 and had “significant, greater benefits”. They had also confirmed that their offices did not draft the will dated August 13, 2020.
“Thereafter my attorney forwarded a letter to the third respondent(Master of the KwaZulu-Natal High Cour) informing them of my dispute regarding the will dated August 13, 2020. Nevertheless, the third respondent proceeded with the finalisation of the deceased’s estate.
“My attorney had further informed the third respondent that I appointed a forensic document examiner, to examine the authenticity of the will lodged at their office, and of my intention to institute a high court application to set aside the will and any distribution that may have been made in terms of the Liquidation and Distribution filled with them,” she said.
Naicker added that Yusoop and her attorney, despite the will being disputed, proceeded with the finalisation of Ganesh’s estate and lodged the first and final liquidation account, which totalled just over R2.3 million.
Yusoop’s legal representatives have filed their notice of intention to oppose the application.