As executor of the estate of the late Riky Rick, Bianca Naidoo prevails in a court case. She recently made a lot of headlines when she petitioned the courts to be granted the authority to act as the executor of the estate of the late singer Riky Rick.
This caused her to garner a lot of attention. Jade Naidoo, the widow of the late Bianca, has been engaged in legal conflicts with the Joburg Master of the High Court and Home Affairs Minister Aaron Motsoaledi in an effort to protect the estate of her late husband.
After a long and courageous struggle, the renowned and award-winning singer passed away a few months ago after succumbing to the effects of depression. Inside his house, he was discovered hanging from a noose. The bubbly Bianca went to court after the Joburg Master of the High Court and Home Affairs Minister Aaron Motsoaledi allegedly prevented her from exercising decision-making authority over the estate of the late Riky Rick.
As a result of her untimely passing, she desired to be considered the late artist’s wife and the executrix of his million-rand estate. A number of companies, including Vaseline, Kiwi, African Bank, and Russian Bear, had already signed endorsement deals with the megastar before he passed away. In addition to that, he was a well-known self-made millionaire who owned a number of properties all over South Africa. He is said to have passed away intestate, which indicates that he did not have a will at the time of his untimely death, according to reports that have been confirmed.
After prevailing in court, Bianca Naidoo was appointed to serve as the executor of Riky Rick’s estate.
Bianca, however, desired to be the sole owner of her late husband’s rights, which included endorsement deals as well as properties. It would appear that she has finally prevailed in the legal battle that has been tarnishing her reputation since it began.
Now that her partner has passed away, Bianca has been officially appointed to serve as the estate’s executor. At the time of the rapper’s passing, Bianca stated that they had already established a financial interdependence with one another. Together, the two of them served as directors of the company known as Makhado Agency (Pty) Ltd.
Because I handled all of the administrative responsibilities connected to the deceased’s duties as an entertainer and musician up until the time of his untimely death, the deceased and I developed a financial interdependence as a result. Cotton Fest and the Legends Barber were two of the businesses that the decedent and I ran successfully together, which contributed to our emotional and financial interdependence. In addition, we registered and managed other successful commercial businesses together.
The deceased and I both served on the board of directors of Makhado Agency (Pty) Ltd, which was a business that we ran jointly in every way. According to the documents, “the decedent and I also enjoyed the benefits as life partners as members of my medical aid scheme who regarded us as life partners.”
She stated that their “common intention together with the deceased was to validate our marriage in accordance with civil law.” [Citation needed]
KNOW YOUR RIGHTS
Because of the high divorce rates around the world and the rising cost of living, it is common for couples to decide to live together for some time before getting married, if they decide to get married at all.
This means splitting costs and shopping for furniture together; however, in the event that the cohabitation arrangement breaks down, the question arises as to who gets to keep the house.
According to Soré Cloete, senior legal manager at Old Mutual, “live-in couples, their immediate families, and their wills have on many occasions been a recipe for much grief.” [Cloete] “Live-in couples have on many occasions been a recipe for much grief.”
“In South Africa, marriages established by common law are not recognized.”
Even if the two of you have been cohabitating for a significant amount of time and have been considered a part of each other’s lives for a considerable amount of time, this does not mean that you are automatically considered to be your partner’s spouse.
This means that unless you are specifically recorded as an heir or beneficiary in your partner’s will, you will not be able to inherit from them.
There have been cases in which a live-in couple has been recognized as a partnership by the courts. However, in order for either party to be able to claim their rights, they had to prove what they had individually brought into the relationship.
Have you considered moving in together? The following are some considerations that Cloete suggests keeping in mind:
Create a written record of it.
It is a good idea for couples to draft a written agreement that outlines the rights and responsibilities of each party in the live-in relationship. This agreement should be considered a good idea for couples.
You will have a clear understanding of the situation between the two of you if you proceed in this manner.
It functions in the same way as a contract and, ideally, should be drafted by a legal professional. When this occurs, the agreement in question will be enforceable, including with regard to your wills.
Officially recognized cohabitation partnerships
The Civil Union Act also allows for the registration of relationships that involve cohabitation.
A civil union is the official term for a relationship that has been registered. The type of civil union that a couple registers will determine the rights that are afforded to them under the law.
As is the case with a typical marriage, the couple needs to determine whether they want to sign an antenuptial contract in order to keep their property separate from the community of property, with or without the accrual system, or whether they want to keep their property in the community of property.
A prenuptial agreement is a legal document that is used to protect both parties financially before a marriage is formalized.
If you choose to register your relationship as a community of property, you and your partner will share all of your assets and each of you will be entitled to half of the other person’s assets.
You are going to share equal responsibility for any financial obligations that either of you may incur.
If you choose to register the relationship as one in which there is no community of property, you will be required to make a decision regarding whether or not the accrual system should be applied.
If this is not the case, all of your assets, including those brought into the union as well as those acquired after the contract was signed, will continue to be considered your individual property.
If you use the accrual system, you and the other party will each maintain ownership of the assets you had prior to the contract. In the event that one of the partners dies or the couple gets divorced, the difference in the growth of the accumulated assets will be split evenly between the remaining partners.
Unless you make a specific provision in the prenuptial agreement to the contrary, the accrual system will be applied automatically.
You have to file a petition with the court asking it to dissolve your registered civil union, and the court will handle the dissolution in the same manner as a divorce.
On the horizon are potential changes to the law.
“Couples who live together can anticipate greater clarity in the future regarding their financial rights, “says Cloete.
Once it is passed into law, the bill that regulates the legal status of people who are in a domestic partnership but have not yet tied the knot will be enacted because it was proposed to regulate domestic partnerships.
This law will apply to couples who are either of the same or different genders.
Domestic partners who do not wish to register any form of partnership will be afforded certain rights and responsibilities under the proposed legislation.
It has identified all of the significant and pertinent aspects of an unregistered domestic partnership, such as the division of a property, maintenance, and issues pertaining to intestate succession (where a person dies without a will).
When exactly this will be codified into law is not yet known.
According to Cloete, since you have reached the point in your life where you share responsibilities and decisions with a significant other, you need to give careful consideration to your financial situation.