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Cape Town woman takes stepsons to court after they refused to sell R17 million guest house left by their late father: [an extract from an Article written by: Sinenhlanhla Masilela – Digital Journalist IOL – 22 November 2024]
An elderly woman, who wanted to sell a guest house she had been running for over 20 years with her late husband, had to take his three sons to court to compel them to sign the deed of sale.
Margaret Hart, 78, was married to the late Peter Dionysius Hart out of community of property in December 1984.
The husband already had three boys from his previous marriages, and together, they had one boy.
From 2004, the couple conducted a guest house business in Camps Bay, Cape Town.
Before the husband died in September 2013, he left a will which was executed after his death.
The property was subsequently registered in the names of his four sons while the wife continued operating the business.
But due to her age, she was unable to continue running the business 24/7.
So in 2023, she decided to sell the property with a view of reinvesting the proceeds of the property in a financial investment and use the interests for her upkeep.
However, she was unable to sell the property as her three stepsons refused to sign the deed sale, while the will clearly stated:
“I wish for my wife, Margaret, to enjoy the full usufruct of all my assets upon my death. She may dispose of any assets and invest the proceeds in any other asset that she wishes with the proviso that the executor/s of my estate approve of the investment, which approval shall not be unreasonably withheld…
If this Article is of Interest to You and it should be, the Original, Full Article together with the Judges ruling, can be viewed her
The Original, Full Article can be Viewed here → https://www.iol.co.za/news/crime-and-courts/cape-town-woman-takes-stepsons-to-court-after-they-refused-to-sell-r17-million-guest-house-left-by-their-late-father-8ef373ba-2302-4034-a0fd-4ee7853909a8
NOTE: Property Practitioners: While the Outcome of Court Cases can vary, it can be taken from this: the Importance of Knowing and Understanding:
- Marriages in or Out of Community of Property
- The Meaning of a Usufruct and How it ‘can be’ applied