Attorney removed from late sister's R8.48 million estate after court finds funds were misused

A Cape Town attorney has been removed from her late sister's estate, valued at approximately R8.48 million, after the High Court determined that she misused estate funds for personal legal battles. The Western Cape High Court also blocked the attorney's appointment as trustee for a trust intended to benefit her sister's minor twin children, citing entangled personal interests with her fiduciary duties.

The attorney, who was the deceased's identical twin sister, maternal aunt, and godmother of the children, and a beneficiary, was nominated in her sister's will to serve as trustee of the testamentary trust and was later appointed as the executor of the estate. The deceased's will stipulated that the residue of the estate should be distributed to the twins upon reaching the age of 21, with their inheritances placed in a trust.

The attorney had already earned over R296,000 in executrix remuneration from the estate's gross value. However, the estate's administration was plagued by litigation, including a dispute over R5.6 million paid into the attorney's trust account before her sister's death. The twins' father sued to obtain an account of the funds, leading to the case being heard in the High Court.

The court found that the attorney was not entitled to use estate funds to cover her personal legal fees, as the litigation was personal and not related to the estate. The judge emphasized the need for transparency and proper administration of the estate, warning that if the estate continued to dwindle, there could be insufficient assets for the children's trust. The attorney was ordered to return her letters of executrix immediately.