Father cut out of millions in child's estate
A parent does not in the strictest sense of the word need to be the blood and biological parent of a child to inherit if the child dies intestate.
This, says a Cape Times report, was the finding of the Gauteng High Court, (Pretoria), in ordering that the mother and grandmother of a five-year-old boy inherit the millions left in his estate.
Little Mphilo Deniso died in 2018, a few days after the court terminated the parenthood of his father. This followed an application by his grandmother for both his parents to forfeit their parenthood responsibilities for the little boy, who was born with cerebral palsy.
But the court decided at the time to give the mother a chance to prove herself. This was despite the grandmother mostly taking on the parental responsibilities.
The court ordered both the mother and grandmother be given full parental responsibilities. The father, who did not want anything to do with the child when he turned six months, had his parental responsibilities terminated.
The executor of Mphilo’s estate then turned to court for guidance as to who should inherit the R15m left in the child’s estate following an order for health authorities to pay R21m in damages.
This was after it was found that nursing staff at a hospital were negligent during his birth, which left him with severe brain damage, notes the Cape Times report.
As there was no will, the executor asked Judge Jody Kollapen whether the parents should inherit it all.
The father also demanded his share. He conceded that his parental responsibilities and rights were terminated, but suggested his obligation to maintain Mphilo remained intact and that the 2018 court order did not divest him of all his rights.
It was argued that intestate succession was ‘blind to the worthiness of individual heirs’.
The father suggested that, as parents, he and his wife should inherit the millions in equal share. The court said while the man remained the biological father of Mphilo, he never became a parent in any other sense.
He never acquired parental responsibilities or rights in terms of the Children’s Act, and he never contributed to his upbringing, as he severed his links with the child when he was six months due to his disability.
Kollapen ordered the father would not share in the millions. The judge ordered the granny and mother to equally share in the inheritance.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.