and that he claimed that all the items that had been removed were his. The first respondent invited a court application on 31 August.
[14] On 16 September the applicant's first attorneys informed the first respondent that they were again acting for the applicant. They asked him for reasons for rejecting the applicant's claim. He asked for an affidavit. On 23 September he was informed that he was to indicate exactly what details of the applicant's claim he required. He was also informed that despite a request not to sell the property the applicant's attorneys learnt on 23 September that he had sold the property. He was asked to supply a copy of the document to the attorneys but he bluntly refused to do so, stating that the applicant was not entitled thereto. He put the applicant's attorneys on terms as to when an application was to be brought and denied the claim on the basis that the applicant and the deceased never undertook reciprocal duties of support. For some reason, only known to himself, he refused to supply the applicant's attorneys with a copy of the contract of sale, despite requests to do so, until; at his request, he was supplied of what can virtually be called a precursor of the notice of motion.
[15] The first respondent states that he was appointed as executor after the sister of the deceased and daughter of the second- and third respondents, a client of his, had arranged that the necessary notice of death be given to the Master in terms of the Administration of Estates Act. Before he got involved in the administration of the estate he did not know the second- and third respondents. He only tried to administer the estate to the best of his ability and tried to preserve the assets for the benefit of the heirs. He does not oppose prayers 1–4[1]. He states that after the applicant started to claim to be the sole heir of the estate he got an opinion from counsel about the validity of the applicant's claim. He states that the opinion indicated that at that stage the applicant could not be regarded as in intestate heir[2]. He accordingly regarded himself as legally obliged to recognize the second- and third respondents as the heirs and arranged for them to take
- ↑ The prayers are for declaratory orders that section 1 (1) of the Act is inconsistent with the Constitution, that words are to be read into the section, that the applicant and the deceased were permanent same-sex partners with a reciprocal duty of support and that the applicant is the sole heir of the estate.
- ↑ "Voormelde opinie was dat die Applikant huidiglik nie as 'n intestate erfgenaam beskou kan word nie."
