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Question
Posted by: Angel | 2013/01/08

Deceased Provident Fund

My Aunt has said to me as soon as she was diagnosed with brain cancer that 50 % of her provident fund was left to my son(6years old) and 50% to her Mother. As she was unfit to return to work she was asked to complete a termination of employment pack of which one form requested that she revoke all previous beneficaries to the fund and list a new one. The truth is she could not read any of the docs in the pack and they were completed by the executor who named himself the beneficiary of this fund full 100%. My aunt just signed everywhere on these forms as pointed out to her. She was visually impaired so could neither write or read as she was rapidly deteriorating. The change of beneficiary form was signed by 2 witnesses of which both were not told what the actual document was for as they believed it was routine and part of termination of employment. I want to know if there is some way i can go about finding out if my son was really a beneficiary prior to the executor making this amendment. I believe that the funds have been paid out to him already and he hasnt disclosed any information. My mum was the caregiver and she does not understand all the legal financial aspects. He has not once indicated who the original beneficiaries were and my aunt passed away in april last year. She was the godmother of my son and the light of her life and i dont believe that she would not have left anything for my son. He also whilst taking my aunt for her treatments got her to sign over her car to him and he never disclosed this to the rest of the family. For this simple reason i cannot believe that an executor would benefit this much. My aunt was single with no dependants but he has indicated that her 86 year old was her only living dependant, although this is not the case as her mother lived with other relatives. I am very affected by all this as we were extremely close and i dont believe that she would have lied to me about something so significant. What can i do ? I cannot approach teh executor(my uncle) as he is extremely evasive and doesnt disclose any information to anyone in the family

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