An East London mother has asked a court to allow her to to sell her teenage son’s inherited property to pay for the family’s move to Australia.Lynn Botha approached the East London High Court to grant her permission to sell the house, worth more than R1-million, her 14-year-old son inherited from his father who died from a heart condition.
“I am the applicant on behalf of my minor son.
“I make this affidavit to support my application for the high court to authorise the sale of the immovable property,” Botha said in court papers.
Botha said that of the R1.15-million value of the house she was entitled to almost R200000.
While she was aware the money could be invested and deposited into a guardian’s fund if the house were sold, Botha said this would not suit her because she planned to leave the country.
“A six-monthly application for allowances is not convenient nor will it be in the interests as urgent and unforeseen expenses may arise that I won’t be able to cover and we need more regular access to income from the investment to cover these expenses.
“I also have the same heart condition that suffered from and which he eventually died from and I do not want or need the added stress in dealing with the guardian’s fund from Australia to worsen my heart condition.”
Ilse Wicks, the assistant master of the high court, approved the sale of the property.
“Considering the fact that his mother and natural guardian – his only surviving parent – intends for the both of them to emigrate to Australia, the risk and costs of letting the property and the fact that the proceeds can be invested and utilised for the minor’s future education, I am of the humble view that these are all good reasons for the sale,” Wicks said.
The East London High Court postponed the matter to November 10.
The reasons for this were unclear at the time of writing yesterday.
Mom applies to sell son’s house
Lynn Botha approached the East London High Court to grant her permission to sell the house, worth more than R1-million, her 14-year-old son inherited from his father who died from a heart condition.
“I am the applicant on behalf of my minor son.
“I make this affidavit to support my application for the high court to authorise the sale of the immovable property,” Botha said in court papers.
Botha said that of the R1.15-million value of the house she was entitled to almost R200000.
While she was aware the money could be invested and deposited into a guardian’s fund if the house were sold, Botha said this would not suit her because she planned to leave the country.
“A six-monthly application for allowances is not convenient nor will it be in the interests as urgent and unforeseen expenses may arise that I won’t be able to cover and we need more regular access to income from the investment to cover these expenses.
“I also have the same heart condition that suffered from and which he eventually died from and I do not want or need the added stress in dealing with the guardian’s fund from Australia to worsen my heart condition.”
Ilse Wicks, the assistant master of the high court, approved the sale of the property.
“Considering the fact that his mother and natural guardian – his only surviving parent – intends for the both of them to emigrate to Australia, the risk and costs of letting the property and the fact that the proceeds can be invested and utilised for the minor’s future education, I am of the humble view that these are all good reasons for the sale,” Wicks said.
The East London High Court postponed the matter to November 10.
The reasons for this were unclear at the time of writing yesterday.
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