Heir accuses trust of withholding inheritance

FAIRHEADS Benefit Services is being accused of withholding the inheritance of an heir who has come of age.

The financial institution is standing by its decision not to release the funds until the beneficiary submits her matric certificate.

Nokuthula Msibi from Tsakane in Gauteng was brought up by her grandparents. She was 13 years old when her grandmother Christine Msibi died after suffering injuries in a taxi accident in 2007.

Her grandfather Meshack was retrenched and their only consolation was that her grandmother had left a sizable inheritance for them, says Nokuthula.

She says they have been battling to get what is due to them from both Fairheads and the Road Accident Fund. She says RAF has not compensated them although they had lodged a claim six years ago.

Nokuthula says her grandmother was on her way to the Department of Home Affairs in Pretoria when the taxi in which she was travelling overturned. She suffered internal injuries and died a few days later.

Christine was employed by Sunbake Bakery and contributed to a pension fund, says Nokuthula.

The pension fund was administered by Alexander Forbes who, on account of the girl's young age, recommended that a trust be set up to take care of her needs until she reached the age of 18 .

"My grandfather did receive a portion of the inheritance, but he is battling to get the rest."

She says she inherited R189000, which was invested in a trust that Fairheads Benefit Services administered.

Guided by the benefit rules, Fairheads paid her an allowance of R893 since early last year when she turned 18, says Msibi.

Fairheads requested that Nokuthula completes withdrawal forms and submit the necessary documents to facilitate the withdrawal process .

"But it has been 14 months now, and when I followed up the matter, they asked me to produce my matric certificate."

Nokuthula is rewriting her matric because she did not do well last year. S he does not have matric certification.

She says she does not understand what her matric certificate has to do with her inheritance because they told her she will get her money when she turns 18.

Darlene van Dieman of Fairheads confirmed that they are managing Nokuthula's trust account.

Van Dieman told Consumer Line they had explained the conditions of the trust to Nokuthula and her guardian in 2008.

"We advised that Nokuthula would receive her share of the money upon attainment of the age of maturity and once her education was completed." says Van Dieman.

She says that they began paying a monthly allowance into Msibi's bank account since January last year while awaiting her matric certificate to confirm that she had completed her studies.

"The primary purpose of the trust is to ensure that funds are utilised to educate beneficiaries at least to matric level, if sufficient funds are available."

She says if there are circumstances preventing Nokuthula from providing a copy of her matric certificate, then she must say so, to enable the trustees to make a decision.