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Court Settles Long-standing Dispute, Rules Sale of Inherited Cape Town House.

Published September 30, 2023
9 months ago

The Western Cape High Court has put an end to a long-standing familial dispute over the inheritance of a Cape Town house entailed to six brothers. Alan Roy Louw, designated as the executor of the estate, was granted permission by the court to proceed with the sale of the property.

Louw experienced significant resistance from his brothers, resulting in a years-long dispute that culminated in this court ruling. The origins of the controversy can be traced back to February 2013 when the late Annie Elizabeth Louw signed a will mandating the house's sale and equal division of the proceeds among her sons. This directive set the stage for a brutal legal feud that has lasted until now.

Upon his appointment as executor in April 2016, Alan Louw promptly arranged the selling of the family house, assigning an agent to the property. However, the sale was impeded by John Daniel Louw, one of the inheritors currently residing in the house, who refused the agent access and stalled the sale, even against an existing offer to purchase.

Further complications arose when another brother, Trevor Keith Louw, and a relative, Lorenzo Rudy Louw, supported John's stance. Lorenzo challenged the legitimacy of Annie Louw's will on the grounds of dementia, presenting a November 2010 will bequeathing the entire estate to him.

The Court didn’t find Lorenzo’s evidence convincing, as the medical document he provided as proof was not signed by any medical personnel and did not contain a date. Concluding that Lorenzo did not present credible evidence to demonstrate that Annie Louw was not of sound mind when she signed her 2013 will, the judge ruled that the executor granted the responsibility by that will is the proper person to act in legal proceedings.

To conclude, Judge Nobahle Mangcu-Lockwood ordered the sale of the property and directed the brothers to cooperate with the winding up of the estate.

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