- Emmanuel Moraladi rushed to the High Court, asking them to stop his late mother’s estate from being handed out because he believes the Will is fake.
- Judge A Tsautse put everything on pause, blocking any distribution of her assets until the court can check if the Will is real or not.
- The court also warned that if an executor ignores possible fraud, they could end up personally responsible.
Emmanuel Shadrack Kopano Moraladi didn’t show up in the North West High Court in Mahikeng with fancy legal talk. He came grieving, determined, and convinced that something wasn’t right with the Will dividing his mother’s estate.
He said the signature didn’t match his mom’s, and if the estate was given out now, he’d lose his chance to prove it was a fake.
His mother, Bohutsana Olga Mashau, had died. Her estate included two houses and other assets. But the executor, Stephen Lethlogonolo Sakal, was getting ready to hand everything out based on a Will Emmanuel believes is fake.
Emmanuel even got a handwriting expert’s report that showed real differences between the signature on the Will and his mother’s usual writing. The report wasn’t officially signed yet, but it was serious enough for the High Court to treat the matter as urgent.
Executors must be honest
Judge A Tsautse didn’t hesitate. He said Emmanuel’s application wasn’t perfect, as some paperwork was missing, and was filed late, but that could be sorted out. What couldn’t be undone, the judge said, was if the property was handed out and later found to be based on a fake will.
The judge pointed to other court cases that make things clear that executors must be honest and stay neutral. If there’s a real question about a Will, they have to stop and check. If they ignore it, and the Will turns out to be fake, they could be personally responsible.
In this case, the executor tried to keep going, even though there was an open challenge. The court called that reckless. The judge repeated, “Fraud cancels everything.” If the Will is fake, it means nothing, and any property handed out because of it would be illegal, the judge said.
The court agreed with Emmanuel and ordered that everything must stop for now. The executor and lawyers were told not to transfer, sell, or hand out anything in the estate, including the two houses and all the other belongings listed.
This freeze will stay in place until the main court case is heard, where the will’s authenticity will be properly tested. Emmanuel has 15 court days to file a signed expert affidavit about the handwriting.
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