Overlooked wife gets court order preventing payouts
A businessman who left millions that had accrued in investments to his children and other family members, breached his marriage vows when he overlooked his wife, according to a ruling by the KZN High Court (Durban).
The insurance company that held his two policies was on the cusp of paying a collective sum of R6m to the five nominated beneficiaries, shortly after the man’s death in July 2019.
But his wife Kamala Govender (65) objected on the grounds that she and her husband Morgan were married in community of property, notes a Sunday Tribune report.
Therefore, she was entitled to 50% of all accruals from their joint estate, including the two investment policies in question.
In September 2019, Govender made an urgent High Court application to stop the Liberty Group Limited from making payments to beneficiaries, until the matter was finalised.
An interim order was granted.
The matter was eventually concluded, last week, by Judge Nompumelelo Radebe.
The report notes that while Govender and Morgan had no children from their 25 years of marriage, her husband was married previously and had two children from that relationship.
The respondents in the matter were Vanessa Morgan and Devan Morgan, who are Govender’s stepchildren; Vanessa’s daughter, Genieve; Govender’s sister-in-law, Muligah Moodley; her son, Priyen; and Liberty.
Devan Morgan together with Muligah Moodley and her son objected to Govender’s court action.
The report notes a possibility of appeal is being considered.
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.