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29 Years Absent: Father Disinherited
29 Oct
Summary
- Father declared unworthy to inherit over R716,000 estate.
- Court cited 29 years of abandonment from son's life.
- Son died without a will at age 29.
The Gauteng High Court in Johannesburg has ruled a father unworthy to inherit from his late son's estate, valued at over R716,000. The court found the father had abandoned his son from infancy until his death at 29, justifying his disqualification based on the principle of unworthiness.
Acting Judge Frank Snyckers acknowledged the father as the deceased's biological parent for succession purposes but deemed his conduct warranted exclusion from the inheritance. The application was initiated by the deceased's mother, who was the executrix of the estate.
The deceased died on July 7, 2021, without a will, spouse, or children. His estate would have been split equally between his parents, approximately R358,000 each.
Evidence showed the father had minimal contact, making sporadic maintenance payments early on and then disappearing from the child's life. The mother raised the son with family support, and a stepfather figure emerged.
While the court affirmed the father's legal status as a parent under the Intestate Succession Act, it distinguished this ruling, emphasizing it applies to complete and sustained abandonment, not less extreme cases of parental absence.
