Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

From the Cape Flats to the frontlines of justice in Uganda and beyond

May 30, 2026

If the work is permanent, the contract must be permanent as well

May 29, 2026

Dead wife contradiction forces Nedbank to return repossessed Nissan Navara

May 29, 2026
Facebook X (Twitter) Instagram
Trending
  • From the Cape Flats to the frontlines of justice in Uganda and beyond
  • If the work is permanent, the contract must be permanent as well
  • Dead wife contradiction forces Nedbank to return repossessed Nissan Navara
  • Mbeki and Mabandla accuse TRC Commission of sidestepping court challenge
  • Gauteng Health liable after woman loses uterus during childbirth surgery
  • Anti-money laundering Bill proposes lifestyle audits and tougher penalties
  • Children and girlfriend awarded R3.5m pension payout while estranged wife receives nothing
  • Employers must treat retirement contributions like wages, says MIBCO’s Paulos Masemola
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Stepson wins as judge rejects stepmother’s inheritance agreement claim
Civil Law

Stepson wins as judge rejects stepmother’s inheritance agreement claim

High Court finds alleged oral agreement unenforceable and sides with Mark Bellingan in complex stepfamily dispute.
Kennedy MudzuliBy Kennedy MudzuliDecember 16, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The court found no enforceable oral agreement existed between stepmother and stepson, as emails showed negotiations were ongoing.
  • Judge Nkele ruled that any agreement required a written, signed confirmation to be valid.
  • The appeal succeeded in favour of Mark Bellingan, with costs awarded.

When JHV Bellingan passed away in May 2021, his wife, Photini Stefania Bellingan, discovered that a newly executed Will had cut her out of his estate, despite a joint Will she had signed with him in 2001. The revelation sparked a legal dispute with Mark Bellingan, the deceased’s son from a previous marriage, who would ultimately challenge her claims in court.

The matter was heard in the High Court in Makhanda, under Acting Judge TA Nkele, with Judge GNZ Mjali concurring. The dispute centred on whether an alleged oral agreement between Photini and her stepson existed and whether it was enforceable.

Alleged oral agreement and ongoing negotiations

The stepmother contended that the parties had agreed orally on or about 7 March 2022 that she would receive certain payments in exchange for not contesting the estate. Mark, on the other hand, argued that no such agreement had been concluded and that any arrangement would require formalisation in writing and signatures from both parties.

The court scrutinised the pleadings, noting inconsistencies between the stepmother’s claims and the evidence. Judge Nkele emphasised that “the cause of action must appear from the factual allegations made in pleadings and supported by evidential material, oral or documentary in nature.”

Email correspondence between the parties became central to the proceedings. The stepmother argued that emails exchanged between 7 and 10 March 2022 demonstrated the parties’ intent to finalise an agreement. She highlighted the involvement of Pieterse Attorneys to draft the contract.

Mark, however, pointed to later emails as evidence that negotiations were ongoing. In a 9 September 2022 email, he wrote, “… the agreement will be a separate agreement and the estate will pay out as per the Will and once paid out, then the agreement will be in place.” The stepmother replied, proposing further changes, stating, “I also need to discuss a couple of issues regarding the agreement, and I wanted to share some information and to get your input.”

Judge Nkele concluded that these exchanges indicated continued negotiation months after the alleged 7 March oral agreement, raising serious questions about whether the agreement had ever been finalised.

The court also considered the terms of the agreement attached to the pleadings. Clause 6 explicitly stated that the agreement would only be valid upon being reduced to writing and signed by both parties. Judge Nkele emphasised that, as a former bank employee experienced in contractual matters, the stepmother could not have misunderstood the significance of this clause or her signature on the document.

The court’s ruling and consequences

In dismissing the appeal, the court found the stepmother’s evidence inconsistent and concluded that the parties had only agreed to negotiate a future agreement, an arrangement the law treats as unenforceable.

Judge Nkele stated, “From the record of evidence presented at the Lower Court, it is clear that the parties agreed to agree in the future, which was to be reduced into writing and signed by both of them, for it to be valid. What they had in mind is an agreement to negotiate an agreement which never came into existence.”

The appeal succeeded in favour of Mark, with costs awarded in terms of scale B of the High Court tariff.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Eastern Cape family law High Court inheritance oral agreement
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Dead wife contradiction forces Nedbank to return repossessed Nissan Navara

May 29, 2026

Gauteng Health liable after woman loses uterus during childbirth surgery

May 29, 2026

Nelson Mandela University secures interdict against an employee’s racism allegations

May 28, 2026
Leave A Reply Cancel Reply

Prove your humanity: 6   +   7   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Special Reports
3 Mins Read

From the Cape Flats to the frontlines of justice in Uganda and beyond

By Conviction Staff ReporterMay 30, 20263 Mins Read

A Fort Hare law graduate from the Cape Flats is building a cross border legal career while helping vulnerable people access justice in Uganda.

If the work is permanent, the contract must be permanent as well

May 29, 2026

Dead wife contradiction forces Nedbank to return repossessed Nissan Navara

May 29, 2026

Mbeki and Mabandla accuse TRC Commission of sidestepping court challenge

May 29, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Online marketplace scams are becoming more sophisticated, warns fraud expert Ashwini Singh

May 26, 2026

Children with disabilities experience barriers when trying to report abuse and seek support

May 25, 2026

Understanding employee rights, workplace protections and grievance resolution in South Africa

June 8, 2025
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by