Mistress hauls wife to court

Claims lover’s will forged to prejudice love child

APHOENIX teacher has been accused of forging her late husband’s will to bar his 7-year-old love child from sharing the proceeds of his estate.

In an application before the Durban High Court yesterday, the man’s mistress said the child should benefit.

She said she was unable to provide financially herself.

Her lover of almost 30 years was 62 when he died in August from colon cancer.

The mistress, 48, also from Phoenix, claimed in court papers that his wife, 59, was well aware of the affair and the child.

She sought an urgent interdict preventing the wife from administering, hiding or alienating the estate pending the outcome of an action to be instituted to set aside the purported last will and testament.

In terms of the joint will, the entire estate is bequeathed to the surviving spouse and upon the death of the spouse, to their adult daughter.

The court granted the order, by consent.

The names of the parties are being withheld to protect the identity of the minor child.

In court papers, the mistress said she had met her lover in July 1987 and they began an intimate relationship.

“At the commencement of our relationship, he was already married... We were still in a relationship at the time of his death.”

The woman, who is being represented by attorney Rajesh Hiralall, claimed the wife was “aware” of their relationship.

“He would spend most of his time with me and my family.”

After the child was born, her lover contributed to her maintenance and “shared a very close bond” with his daughter, she said.

He also contributed to their child’s upkeep by buying her any item she wished for and by drawing cash amounts and giving it to her.

“Prior to his death, (he) and I often discussed our respective financial matters and in particular our finances in respect of our child.

“On numerous occasions he assured me that he had made provisions for her to be taken care of financially in the event of his death.”

She said had received a call from an insurance company agent in September informing her that her daughter would receive 34% of a policy that had been taken out by her lover.

“I was not surprised by the phone call as it was in accordance with the discussions I had with (him) in respect of our daughter’s financial well-being.”

Her lover had also helped her purchase a property for R140 000 in 2003, she said, attaching a deed of sale, which purportedly bore his signature.

She said she was therefore “surprised” when she found out about the last will and testament.

“(It) not only contradicted every discussion we had in respect of his financial matters, but also failed to make provision for our child’s maintenance.”

She said her lover had been aware she was unable to provide for their child and that they had relied on him for financial assistance.

To confirm her suspicions of forgery, she hired a forensic document examiner, Michael Irving, in November.

She handed him various documents with her lover’s signature to compare with the last will and testament.

In his report, Irving said the signature on the will was a forgery.

The mistress has asked that the wife remove herself as executrix.

“Should the will be set aside on the basis that it is fraudulent, my daughter will be a beneficiary of an estate, which is wound up on a intestate basis.

“Accordingly, she will be entitled to a large portion of that estate, which will provide for her medical and education expenses whilst growing up.”

She said that in bringing the application, she was “merely” attempting to protect her daughter’s interests.

Hiralall told POST after the order was granted that his client was “ecstatic”.

He said she would now proceed to get the will declared invalid.