Sestra izpodbija dediščino nečaka, kljub plačilu 1,9 milijona dolarjev po bratovi smrti.

A woman has challenged the allocation of a death benefit from a pension fund following the death of her late brother, claiming that her nephew received an unfair share. The dispute centers around the distribution of a R654,693.82 death benefit left by the deceased, LP, who passed away in October 2023. According to the case, the fund distributed 80%, more than R523,000—to the deceased’s son, S, and 20%, over R130,000—to the deceased’s mother, EM. The deceased’s sister, RK, received nothing from the benefit. RK, who was named as the sole beneficiary of her brother’s R1,934,910.72 life insurance policy, expressed dissatisfaction with the allocation. She argued that S, the deceased’s son, was not financially dependent on the deceased and that her brother had denied being the child’s father. RK also claimed that her elderly mother, who had relied entirely on the deceased for daily living expenses, deserved a larger share of the benefit than the 20% she received. Additionally, she sought reimbursement for the money she had spent on her brother’s funeral. The retirement fund defended its decision, stating that neither S nor the deceased’s mother had benefited from the life insurance payout. Therefore, the fund allocated the pension fund death benefit solely between the child and the mother. EM, the deceased’s mother, confirmed that she had lived with her son until his death and relied on him for food, housing, transport, utilities, and medical expenses. She maintained that she was fully dependent on him and felt the allocation unfairly favored S, who was only partially dependent through maintenance payments. S’s mother disputed RK’s claims, asserting that the deceased had acknowledged paternity during maintenance court proceedings, resulting in a court order requiring him to pay R500 a month toward the child’s upkeep. She added that her son has speech delays requiring therapy and additional medical treatment. Deputy Pension Funds Adjudicator Naheem Essop ruled that S qualified as a legal dependant due to being the deceased’s child, and that the maintenance court had recognized the deceased’s responsibility to support him. However, the adjudicator found that the fund had not adequately investigated the child’s actual monthly financial needs, his guardian’s financial position, or the impact of his educational benefit before allocating him 80% of the death benefit. The ruling also determined that the fund had not thoroughly examined the circumstances of the deceased’s mother. While she clearly met the criteria of a factual dependant, the fund had not assessed her income, financial needs, employment prospects, or life expectancy before assigning her 20% of the benefit. Essop dismissed RK’s requests for reimbursement of funeral expenses and the costs of DNA testing, explaining that pension fund death benefits are intended to support financial dependants, not to cover burial costs. He noted that the decision to conduct DNA testing was initiated by RK herself and was not required by the fund. The adjudicator concluded that the retirement fund had failed to carry out a comprehensive investigation before making its discretionary decision. Consequently, the original allocation was deemed improper and was overturned. The fund has been instructed to reinvestigate the matter and issue a new decision on the distribution of the death benefit within three months.