Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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I was very disappointed to see the news that two of Nelson Mandela’s daughters are challenging his will. They claim his will is unconstitutional and deprives their mother, Winnie Mandela, of a share in his home in Qunu. I must say, I think at a certain point in life one has to stop looking for handouts and trying to play the role of a victim. South Africans love to always blame somebody else for their plight, imcluding running off to the CCMA, but honestly, when it comes to one of the greatest men who has lived on this planet, I think that one should just accept his wishes, in the form of his will, and move on. In other words, if he chose to leave the property to a Trust of his, that is what he chose and I think his wishes should be respected. In fact, I think the wishes of most people in a will, unless they have lost their mind, should be respected.
People’s money and possessions are theirs for them to choose to do what they want with and if two of his daughters, with the advantage of a surname like his and political clout, have not done well enough for themselves in life that they feel they need to now challenge his will I think that is particularly sad. I understand that they have already lost the first court case and are now appealing to the Constitutional Court, but I don’t even see that there are constitutional issues to be raised. I do hope that their challenge is dismissed and that the Constitutional Court respects the wishes of Nelson Mandela, as opposed to now saying that even his will was not constitutional!
Posted by Michael de Broglio on Friday 27-Jul-18
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Comments
Michelle D said:
on Friday 24-Aug-18 04:43 PM
It's hard to believe a Will as being unconstitutional, especially if it was drafted by one of the forerunners of our constitutional era. Freedom of testation is an important thing and everyone has the right to choose whom they wish to inherit. I have no doubt that this appeal will fail as it is merely unnecessary litigation fueled by greed.
Jadine Esterhuizen said:
on Tuesday 07-Aug-18 08:16 AM
In earlier years of their marriage it was always her dream of building her home there until Mr Mandela had beat her to it.
Nicolle said:
on Friday 03-Aug-18 12:44 PM
Greed is quite a bizarre thing. I think we'd all like to believe that we aren't greedy, but, when faced with a choice of money or nothing, what would you do? I don't necessarily mean that everyone would go this extent, because, this extent is just gross.
Thabitha said:
on Friday 03-Aug-18 07:48 AM
They must forget and move on, they must also remember their culture doesn’t allow them to make rules.
Cornelie said:
on Wednesday 01-Aug-18 04:59 PM
It so sad that when someone passes away the only thing people can think of is the money I would leave all my money for my son no one else. And you the holder of your money if you decide x,y and z gets same who are you to say its not fair.
Shristi said:
on Wednesday 01-Aug-18 03:37 PM
This is sad indeed. I personally feel that the decisions he made regarding his assets should be respected by his family. It was his choice and wish on how he wanted to distribute his estate and it should be respected by all his family members.
Tersia said:
on Wednesday 01-Aug-18 02:06 PM
That is quite sad indeed. I wonder if they would have challenged his decisions if he was still alive? Now that he is not with us anymore and not here to defend himself, it's much easier to challenge him and what he wanted. Why is this always the case with anybody who has passed away.
I agree with you, at the end of the day your money and possessions are yours to chose what you want to do with them. Nobody else should even have say or try to influence you into doing something else.
Sinead said:
on Wednesday 01-Aug-18 10:55 AM
I completely agree with you. People need to stop expecting and just work for their own keep. I know a few people who expect handouts but in my opinion you are to work hard for what you want and not to expect others to just give it to you. That way you feel a sense of accomplishment as well.
It's horrific to think that Mandela's own children don't respect his last will and testament. Agreed that the surname alone could assist them in life. But to go and challenge his will is kind of ridiculous. And rude.
Daniella said:
on Wednesday 01-Aug-18 10:04 AM
When it comes to Wills and money left by a loved on you can see the true colours of some people- It is absolutely disrespectful to not allow that person to make their own decisions as to what happens to their assets even after death they should still have a voice. This shouldn't even be entertained.
Ashleigh said:
on Wednesday 01-Aug-18 09:49 AM
Shows you the respect that they have for their own father's wishes. Money brings the devil out of people. It really is sad. If Nelson's will is challenged and they come right, then I honestly worry about our wills and wishes.
Daniella said:
on Wednesday 01-Aug-18 09:47 AM
When it comes to Wills and money left by a loved on you can see the true colours of some people- It is absolutely disrespectful to not allow that person to make their own decisions as to what happens to their assets even after death they should still have a voice. This shouldn't even be entertained.
Brenda Du Toit said:
on Wednesday 01-Aug-18 08:21 AM
Its just embarrassing to see that his daughters cannot respect his will.They should trough it out of court.It is actually sad to hear this
Zindy said:
on Wednesday 01-Aug-18 08:06 AM
It is actually sad. He built himself up to who he was and what he had. What ever he decided he wanted to do with his worldly possessions was his choice. Seems they are just money hungry and greedy! Its actually embarrassing. Someone people just want everything handed to them instead of making a name for themselves.
Joyce said:
on Tuesday 31-Jul-18 04:59 PM
It think it is an embarrassment and disrespectful to their family
Jadine Richards said:
on Monday 30-Jul-18 03:46 PM
Their acts appear to be out of complete desperation. This is the last free ride they can get and they wont let it go without pursuing all options no matter how ludacrous. When it comes down to it, its just embarrassing.
Liz said:
on Monday 30-Jul-18 03:44 PM
I agree that every person's wishes in relation to their last will should be respected, especially the last wishes of an honourable man such as Nelson Mandela . People become terrible when money is involved and this again confirms this sad fact, I do hope that the daughters will not be successful in their claim.
Michelle said:
on Monday 30-Jul-18 12:06 PM
Some people just have no respect for the dead. Would she still have this behaviour if Mandela were alive? - I don't think so, it’s quiet disgusting. I think the presence of someone is much more worth than money.
Henrietta said:
on Monday 30-Jul-18 11:20 AM
There are reasons why people have a will and this was one of those cases. He drawn a will because he knew. People like this saddens me. I agree they should just respect his wishes and move on. Challenging the will the first time got them nowhere and hopefully the second time they lose they will get the picture and move on. People can be so greedy
Helen said:
on Monday 30-Jul-18 11:11 AM
I will agree with David as well, knowing that the public is watching every single their move, they should of just respect their father's wish!
Mathilda Du Preez said:
on Monday 30-Jul-18 07:37 AM
If you want to see how people really are, wait until money is involved.
This is sad but very true words.
The way Nelson Mandela's daughters are challenging his will is disrespectful and ungrateful
How can they challenge HIS will when it was HIS house and HIS choice alone to decide what to do with it?
It’s the same as someone comes and tells me how I should spend MY hard earned money on them.
brumilde said:
on Monday 30-Jul-18 07:22 AM
It is really sad that children just want more and more, i agree with this blog 100%. Why cant they respect his wishes, such a great man. Hope the case gets dismissed and thrown out. They are making fools of themselves
Sarah said:
on Friday 27-Jul-18 04:47 PM
I was very sad and disappointed when I read this blog comment. The two daughters should respect their father wishes, they have his surname and can do more with that surname. I think they are just being greedy
Prishani said:
on Friday 27-Jul-18 03:44 PM
This is very disappointing, especially since their private life will always be public, they should have handled this situation differently it is definitely not good publicity. It is sad that they are not honouring their father’s last wishes.
Ruby said:
on Friday 27-Jul-18 01:44 PM
The actions of his children are in stark contrast to what Madiba stood for. He was a man of selfless dedication, he was dignified and would have been morified if he was still around. I hope this matter will be put to bed soon; in the Trust's favour - Winnie had ample time to adress this while Madiba was still alive.
Angelique said:
on Friday 27-Jul-18 12:41 PM
I am trying to understand how it is a constitutional matter that your father did not leave xyz to his ex wife. I understand protection of the rights of women under customary law but ex wife? Last time I checked it was called a LAST WILL - meaning your will. I completely agree already having the Mandela surname opens all sorts of doors for you. I guess it is just easier to fight for his money and riches than making ones own.
Then you get his wife Graca Machel who rather waived her rights to the property.
Melissa said:
on Friday 27-Jul-18 11:05 AM
This is so sad. Everything is not always going about money. The bond and love for your family is much more important.
Fikile said:
on Friday 27-Jul-18 10:10 AM
They are ungrateful children, the are a lot of children that would be happy about what their parents left them and their mothers/fathers, just because she is not their mother doesn't mean anything and it's better that he didn't give away his assets to the state to sell or to give away to other people other done that he gave it to them and his wife. They should be happy about it and keep humiliating themselves like this
clare said:
on Friday 27-Jul-18 09:07 AM
I feel bad for the dead because people that have money have always that one person in their family that is money hungry and doesn't care if you gone they just want to know what is left for them. I agree with Nikita, "Death brings out the worst in families." especially the rich.
Bianca N said:
on Friday 27-Jul-18 08:55 AM
It seems incredibly ungrateful and dis respectful of them. It was something that he worked for, not them and they should rather just make their own success and stop trying to milk every last drop of what he worked for.
Alexis said:
on Friday 27-Jul-18 08:55 AM
This world and how it has changed...people feel like they are entitled to everything without putting in any hard work. These were his wishes ,respect them. i cannot see this going well for them at all and hope that it does not
Suvashnee said:
on Friday 27-Jul-18 08:54 AM
Mandela is one of the greatest man who lived and its so sad to see family go against his wishes. Money is definitely the root of all evil.
Victoria said:
on Friday 27-Jul-18 08:46 AM
I feel like you said that they should respect his decision and what is in his will. They shouldn't be arguing about it and accept it and be happy.
Nikita said:
on Friday 27-Jul-18 08:41 AM
They say that death brings out the worst in families. I agree 100% that a persons dying wishes should be respected and followed through.
Jessica said:
on Friday 27-Jul-18 08:35 AM
It is appalling to know that his own family cannot respect his last will and testament and I am certain that the will was drafted some time ago, with the advises of the people he trusted and it ensured that it safe gaurded his interests. As Patrick stated hereunder, they have simply clung to the surname for fame and all that it is associated with, however none actually live the true ideals of such a great man!
I cannot see how this is a matter of public interest for it to be heard within the Constitutional Court - sheer wasting of resources to deal with greed!
Megan said:
on Friday 27-Jul-18 08:34 AM
It's actually so unfortunate that when Mandela died he died with such high respect and the family that are left are just running his name down, wanting to claim this and that when they have no right to. He deserves respect and being the last of his legacy, they should carry his name highly not have bad publicity etc.
candice said:
on Friday 27-Jul-18 08:30 AM
I agree with what you have said , they should accept his choices and like you say if they have not done well enough for themselves it is there problem.
courtney said:
on Friday 27-Jul-18 08:20 AM
This is very sad actually. Why fight or argue over something that does not belong to you or has anything to do with you. I know a few people who fought over a Will. Those people are very greedy.
patrick said:
on Friday 27-Jul-18 07:55 AM
the reality is that Mandela's legacy sadly has been reduced to a money making machine. The challenge of the Will has got nothing to do with principles of fairness but the desire to line their pocked. For example, most of Mandela's grand Children born by his daughters in particular retain Mandela's surname so they can remain relevant. The question is why are that not using their Father's surnames ?Unfortunately those who remain wants to ride the gravy train using his name. Very sad!
david said:
on Friday 27-Jul-18 07:10 AM
jussis.
greedy, greedy.
bad form, they are embarrassing themselves.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
