Litigation: Sisters in dispute over ailing mother's inheritance

Accusations have arisen in Cape Town where two attorneys are alleged to have mishandled their elderly and ailing mother's finances. According to a News24 report, Melanie Wolpe took legal action against her sisters, Celeste Wolpe-Munitz and Lianne Wolpe, accusing them of diverting their mother's rightful funds for their own benefit, supposedly claiming ignorance of the law. Initially an application for appointing a curator for their mother, Doreen Wolpe (90), the situation escalated into a dispute in the Western Cape High Court.

Melanie's filing last November revealed that her sisters were managing their mother's living expenses, which amounted to nearly R50,000 per month. These expenses included covering accommodation at a frail care center, medical aid premiums, medications, and other daily needs. Despite having no personal income, Doreen possessed an asset: a usufructuary right linked to a property in Bishopscourt, left to her by their deceased father and husband, who passed away in 2011. The property was initially intended for all three sisters equally, with their mother retaining usufructuary rights until her passing. However, Melanie received her share in the form of JSE listed shares through a redistribution agreement, leaving the property exclusively to the twins, Celeste and Lianne. Over time, the twins made significant improvements to the house, substantially increasing its value to an estimated R4.4 million. For the past eight years, the property has been rented out, but the rental income has not benefited Doreen.

In response to Melanie's legal action, the twins have contested the application, alleging it was brought forward with improper motives. Lianne, in an affidavit, explained that Melanie had been handling their mother's daily finances after she moved to the care center ten years ago. Understanding that their mother's funds were not infinite, they collectively agreed to sell Doreen's assets as needed. Lianne stated that Melanie chose to receive payment from her share of the property after they all agreed to renovate it for renting purposes since it had been neglected. Extensive renovations totaling more than R2 million were carried out.

Despite being attorneys, Lianne claimed they lacked experience in handling deceased estates and sought legal advice. They were supposedly advised that the funds invested in renovating the property could be recovered from the rental income and treated as a loan for their mother's benefit as the usufructuary. Consequently, the inheritance was utilized for Doreen's expenses, with the understanding that the rental income would reimburse the renovation costs.