BROTHERS LOSE INHERITANCE
Attorney did nothing to help
CAPITEC Bank is accused of negligently paying out inheritance to a fraudster who submitted a forged death certificate and letter of appointment.
Vincent Chavalala, 33, of Tembisa, East Rand, says after the death of his father in 2008 they approached an attorney to help them dissolve his estate.
Chavalala says he and his brother were left to inherit his father ’ s assets. Their attorney did nothing after accepting their payment and instructions, he says.
“He kept telling us that the Master of the High Court was delaying the process until a fraudster cashed our inheritance,” says Chavalala ’ s brother, Howard.
Chavalala says one Chauke Rodney Ndungase was granted a letter of execution while his family was waiting for their attorney to secure one for them. He says he discovered in 2010 that Ndungase was granted the letter.
On receiving the letter of execution, Chavalala says he went back to their attorney hoping he would help, but he did not.
“We then approached Capitec Bank to make a claim in December 2010 only to discover that our father ’ s money was already paid to Ndungase,” he says.
The Capitec letter showed that fraudulent documents had been used to cash their father ’ s money. The bank referred them to their attorney.
At stake is R310 000 which Capitec Bank deposited into Ndungase ’ s account in June 2010.
The account into which the money was paid was active for only eight days. All the money was withdrawn during this period.
Chavalala says the death certificate presented to the bank was issued in 2010 even though their father died in 2008. When he questioned the legitimacy of the executor it paid, a bank official referred him to the Master of the High Court for help, he says.
The Master of the High Court could not get the file number they were given or any documents to confirm that Ndungase was ever appointed by that court, he says.
He says their attorney denied any involvement, and has since abandoned their claim. Capitec Bank undertook to respond to these accusations in August. Subsequent follow-ups on the query have been ignored by the bank.