REVOLTING AND REPULSIVE SERVICE FROM ABSA FOR US AS BLACK PEOPLE.WHY?!

From the beginning as I have been dealing with ABSA as the executor with relation to my mother's estate, I have had to deal with massive problems in terms of the service and the way that I have been treated from the beginning.From day one I insisted to the person that I was assigned as the person that would be dealing with the administration,Mpho Netshirembe,that the one and main thing that I want and expect from ABSA is prompt and sufficient feedback as and when it is required as what they are dealing with here is our livelihood .Not to mention that it has only been a few months since my mother has passed on,this death and pain in my family is very recent and I am still in mourning and the last thing that I want is to be having endless negative engagements with an institution like ABSA about anything.I am overcome with dismay because of all this nightmarish service I have received so far and I wonder how many people like me have underwent such atrocious and repugnant treatment.How long should we as black people be treated like we are subhuman and to be likened to nothing just because we are who we happen to be.I have an even bigger issue with the fact that issues that I put forward to ABSA get warped and twisted ,issues that affect me and my family and that have to do with this matter and somehow I should say and do nothing concerning that or just get used to it.From the beginning,I had to follow up and expedite all requests to the Master's Office,all those requests taking me a day max to get them sorted out with the Master normally after having have waited for ABSA's response for weeks for the same processes on whether they are done or not,this happened several times.As mentioned,I have asked for feedback, prompt and sufficient,but from the beginning I haven't received any proof of a lot of the processes that they have apparently completed like with the searches and backround requests that are in relation to my mother's estate,I only get feedback if I ask what is going on normally without any proof.

OWNERSHIP OF PHYSICAL PROPERTY AND PROPERTY THAT SHOULD FORM PART OF THE ESTATE.

The reason why I have insisted NUMEROUS times ,MANY times that my father estate has to be unwound is because it has a material impact to the outcome of my mother's will and estate,I other words what and how can be given.I have mentioned many times that my father banked with ABSA through out his life (unfortunately) and he probably had a will of his own, with whatever pecuniary assets that he would have owned at the time of death which would have a material effect on what can be distributed by my mother's will.That has been diregarded from the onset as if it is of no consequence.Going into my father's affairs would have clarified what I have been saying, for example going into his bank accounts all the way back to the time that he passed on and then also looking at what my mother had in her bank account and then making the necessary decisions/deductions from there to get a fair and equitable outcome for all those that have a financial interest in my mother's estate.From that you would see that my mother got her share.From doing that ABSA would have realized the point that I have been making of the fact that the whole physical structure wasn't my mother's to bequeath in it's entirety,I was and I am part owner of it with her before her will can apportion it in whatever fashion thereafter.In any case,in the event that my father did pass away intestate,the section that ABSA through they representatives Spokazi and then Jacques subsequently,has cited section 1(c) of the Intestate Succession Act no 81 of 1987 speaks of the INTESTATE ESTATE and not the PHYSICAL PROPERTY when determining what the spouse and descendants should get upon a spouse passing away intestate.It really is a huge wonder why it is assumed by this ABSA, through their representatives that my father only had the property in his name and nothing else,why didn't ABSA go back and enquire as to what he had upon his death to determine this massive concern that I have brought forward NUMEROUS TIMES .Then there is the issue with the value of the house in Soshanguve that is given or stated on the Letter of Authority,that amount of R120 000.00 is not an amount given by an approved appraiser buy rather by my mother who was more 70years old at the time she made the estimate,it is as if the value of the property grew by more than 300% since that time which is impossible, property values never ever appreciate like that, besides that,that property was never appraised by an approved appraiser/evaluator.The reason why it is a requirement to get an approved appraiser is because the most accurate value of the asset/s need to be ascertained for the proper and equitable determination of the Liquidation and Distribution of the assets.It is a huge flabbergasting mystery why ABSA needs to delegate people to handle queries in which they don't understand in full and end up mishandling and negatively affecting their clients.The reason why I am stating this is because ABSA has been told NUMEROUS times by me that my grandmother passed away intestate,that property within the appropriate measure set by law devolved to her estate and therefore forms part of what is termed 'fixed property' on her will that she has with ABSA meaning that the appropriate portion of that house is mine legally and should form part of the estate that ABSA is tasked to execute.It is ABSA's duty to do a deed/property search with their resources to ascertain the extent of the veracity of my submission as the executor and administrator of my mother's estate, especially after I have explained very lucidly the challenge of being not being able to access my home at Soshanguve because of the ongoing contretemps with one of the heirs,wendy moritshane,who currently occupies the house which prevents me from getting any supporting documents that proves what I am stating.

Today ,as we speak monies have been paid out to people using the wrong calculation to do that.The resultant being the undue enrichment of the other heirs,by far ,more than they should have had been allocated to them and prejudicing me on the other hand in a massive way in relation to what is actually due to me.

From the beginning I had to beg to be assisted,from the time that I requested section 26 1(a) to be used in order to get money for the subsistence of me and my family because we literally had nothing and nothing to eat,I had to jump through hoops and had to somehow prove myself when the situation was truly dire and even then after ABSA wanted substantiation for me wanting to access some money,I gave it to them and it took many separate instances of complaints and indignance so as to advance a little money which they did the first time around and the same thing happened the second time around when I begged them to release the remainder of the money that I asked for initially.This is has been very nauseating and disturbing to me to know that as a client through being an heir on an estate that I am part of and I get treated like this, imagine if I actually banked with ABSA,I shudder at the thought.What I also find particularly exasperating is the fact that ABSA's representatives,just like below, mention how much that they have distributed me as if I have to be grateful or something,as if they went above and beyond the call of duty to give me what is rightfully and legally mine in which the last time was in January preliminary distribution and now as speak we are virtually in April now to top it off.It is like they actually did me a favour.When all the dust settles,this is my money,it is supposed to be for the subsistence of my family to whatever degree that it is mine but it is mine nonetheless.All this I had to endure is messed up in so many ways,I find it hard to sleep and cope with it,it makes me physically ill on top of the mourning of my recently deceased mother.I have recently asked for some of my money that ABSA is withholding because as I said to them, NUMEROUS TIMES,I am unemployed and we are still under lockdown,I have no other means of income and just like ABSA said in the attachment on this email,there is nothing else to pay besides tax clearance and therefore advancing a portion of this money in order to allow me to expedite the conclusion of this estate misery and get to live and feed my family in the interim.I live in a rented place in Centurion with no income,and I have a family that cannot move with me back home to Soshanguve where we should be at and paying no rent,I have asked to be assisted to either offer the other heir to buy my portion of the physical structure and if she cannot buy it,because of my legal right of ownership then the house should be put on the market to be sold so as to access my equitable share of the property. The short of it was that a lot of it was purposefully misconstrued and mishandled by ABSA as I have explained in detail below in the past emails.Also,in response to that I have been told that ABSA only distributes assets and handles liabilities as according to the prescripts of the last will and testament of the deceased and they cannot help me at all with this regardless of its consequence and how it is affecting me financially and otherwise.I have made peace with the fact that they won't help me with that,I will do that on my own but the problem that I have is that they are withholding my money that is supposed to facilitate me getting this situation sorted out speedily and definitively.I cannot do anything...to top it off my child hasn't been to school for very long now because I have exhausted all possible means to get him to school to be educated, something that is human right as according to our Constitution for children.ABSA's executives have their children going to private schools and getting all the options that the world has to give whilst our children don't eat or go to school,whilst us and our children live like animals because they delegate white representatives and/or *********** representatives to try and invalidate us,and make us feel as if we are of no consequence when it is ABSA that has our business should be treating us in the opposite manner.We are suffering,we are suffering a lot.It really affects me intensely if my child is unnecessarily affected by something that is preventable such as this, affecting him and his growth.Every single time that I need to communicate with ABSA I need to sell something in the house because I have no choice,this misery could go on forever and this I am not intending to sit there & take it and just do nothing,living without dignity because of a bank that I am client of.I have said that I need to get to sort out the Letters of Authority for my father,I volunteered that because I saw the snail pace that every duty and function that ABSA was undertaking for this estate,how cavalier and nonchalant they are with everything is very disturbing.We could be at this for another year or two if I don't intervene,which is disadvantaging and intensely prejudicial to me,me and my family will end up living on the streets whilst ABSA is waiting.

I have written extremely comprehensively and clearly what the urgent challenges are below, SEVERAL TIMES,there is absolutely no ways that me and my family are going to suffer and life just goes on just like that.What is happening here is inhuman.I want the portion of my money as I did ask the first time around just like in the email below so that I may sort out these letters of execution,buy groceries,pay for my rent and more importantly,for my son to go to school again as they are writing assessments right now and he has missed so much school and I don't want him to fail as well on top of everything because of all this.I want to be able to go make an id to be able to get the Letter of Authority so that the transfer is made as soon as possible so that I can sort out the matter of the getting what is rightfully and legally mine in terms of the physical structure both at Soshanguve and at my grandmother's house in Sebenzisa, Kagiso in Mogale City right now, as soon as possible because as we speak I am being prejudiced immensely.

The issues that I have outlined below in my past mails haven't changed and have not been attended to by ABSA.I am truly appalled and disturbed at the people that represent ABSA as brand, and it's CEO,for me as the layperson,I take it that it is the CEO of ABSA that is saying and doing these things to me and my family.Why is this even happening?!I need help now,it is an emergency,it is bad right now and I need this problem to be given the necessary attention it deserves.

Regards Kagiso Kekana ***/***

---------- Forwarded message --------- From: Jacques Louwrens (ZA) <***ca> Date: Tue, Mar 16, 2021, 09:53 Subject: RE: Your complaint re Administration of Estate Late DJ Kekana To: KAGISO KEKANA <***>

Good morning Mr Kekana

My involvement was restricted to addressing the complaint you directed to our Group CEO office.

Further pertinent issues regarding the Estate must be discussed with the Estate Manager, Mareese Joseph.

Regards

Jacques Louwrens CFP® BCom (Law) LLB LLM

Senior Portfolio Manager: Dispute Resolution – Non-Banking Financial Services

Enablement Banking

T +***3

M +***1

F +***1

4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa

www.absa.africa

“bringing your possibilities to life”

From: KAGISO KEKANA <***> Sent: Tuesday, 16 March, 2021 06:37 To: Jacques Louwrens (ZA) <***ca> Subject: Re: Your complaint re Administration of Estate Late DJ Kekana

Good day Jacques,

I just saw your email now.I need for you to call me as I would like to talk to you urgently about a couple of issues that are pertinent to this estate that affect me.

On Sat, Mar 13, 2021, 15:13 Jacques Louwrens (ZA) <***ca> wrote:

Good afternoon Mr Kekana

We take note of your response and note that as far as the objections and dissatisfaction raised regarding the manner in which the finalisation of the estate itself is concerned that you accept our response.

We confirm therefore that as far as the dispute that you raised is concerned, we regard the matter as finalised.

You may continue to communicate further with the Estate Manager, Mrs Joseph until the Estate has been finalised.

As far as the further advance you requested is concerned, the Estate Manager confirmed that further advances to you would not be possible until the property transfer has been finalised and the tax clearance has been received from SARS. These aspects would certainly have financial implications for the Estate that still has to be determined.

It was noted that you have received advances in the total amount of R171 841.01 already, by way of two advances in November and December 2020 and the preliminary distribution of inheritances on the 22nd of January 2021. It would therefore not be prudent to pay any further advances where the aforementioned aspects are still outstanding and the new Letters of Authority has not yet been received in order for the transferring attorneys to proceed with the transfer of the property.

We trust you find this in order and therefore leave you in the very capable hands of Mrs Joseph.

Regards

Jacques Louwrens CFP® BCom (Law) LLB LLM

Senior Portfolio Manager: Dispute Resolution – Non-Banking Financial Services

Enablement Banking

T +***3

M +***1

F +***1

4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa

www.absa.africa

“bringing your possibilities to life”

From: KAGISO KEKANA <***> Sent: Thursday, 11 March, 2021 10:48 To: Jacques Louwrens (ZA) <***ca> Cc: Mareese Joseph (ZA) <***ca> Subject: Fwd: Your complaint re Administration of Estate Late DJ Kekana

Good day,

I trust you well.I do acknowledge receipt of your email and I take note of each point addressed .I also need for Absa Trust to release R20000 from the monies that are withheld from my portion(inheritance)they did confirm that after the liquidation and distribution there was nothing owed as per ABSA.

The rest can be kept to finish up the estate unwinding but at this present stage I need that amount to cover my expenses.Im still in contact with the master to amend the letter of authority to my name so that I may grant Absa power of attorney to proceed further but also in the meantime I need for the required funds to be released so that I can expedite some of the processes that are within my jurisdiction with ease.

Regards

On Thu, 11 Mar 2021, 10:34 KAGISO KEKANA, <***> wrote:

---------- Forwarded message --------- From: Jacques Louwrens (ZA) <***ca> Date: Wed, Mar 10, 2021, 11:49 Subject: Your complaint re Administration of Estate Late DJ Kekana To: *** <***>

Good morning Mr Kekana

With reference to your correspondence to the Absa Group CEO and various other recipients on 8 and 10 March 2021, please find attached hereto correspondence for your attention.

Regards

Jacques Louwrens CFP® BCom (Law) LLB LLM

Senior Portfolio Manager: Dispute Resolution – Non-Banking Financial Services

Enablement Banking

T +***3

M +***1

F +***1

4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa

www.absa.africa

“bringing your possibilities to life”

Absa Bank Limited is a subsidiary of Absa Group Limited and is an Authorised Financial Services Provider and Registered Credit Provider, registration number: NCRCP7.

Absa Bank Limited provides services to Absa Group Limited and its subsidiaries.

This e-mail and any attachments are confidential and intended solely for the addressee and may also be privileged or exempt from disclosure under applicable law. If you are not the addressee, or have received this e-mail in error, please notify the sender immediately, delete it from your system and do not copy, disclose or otherwise act upon any part of this e-mail or its attachments. Internet communications are not guaranteed to be secure or virus-free. We do not accept responsibility for any loss arising from unauthorised access to, or interference with, any Internet communications by any third party, or from the transmission of any viruses. We may monitor replies to this e-mail for operational or business reasons. Any opinion or other information in this e-mail or its attachments that does not relate to our business is personal to the sender and we do not endorse it.

On Wed, Mar 10, 2021, 11:49 Jacques Louwrens (ZA) <***ca> wrote:

Good morning Mr Kekana

With reference to your correspondence to the Absa Group CEO and various other recipients on 8 and 10 March 2021, please find attached hereto correspondence for your attention.

Regards

Jacques Louwrens CFP® BCom (Law) LLB LLM

Senior Portfolio Manager: Dispute Resolution – Non-Banking Financial Services

Enablement Banking

T +***3

M +***1

F +***1

4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa

www.absa.africa

“bringing your possibilities to life”

Absa Bank Limited is a subsidiary of Absa Group Limited and is an Authorised Financial Services Provider and Registered Credit Provider, registration number: NCRCP7.

Absa Bank Limited provides services to Absa Group Limited and its subsidiaries.

This e-mail and any attachments are confidential and intended solely for the addressee and may also be privileged or exempt from disclosure under applicable law. If you are not the addressee, or have received this e-mail in error, please notify the sender immediately, delete it from your system and do not copy, disclose or otherwise act upon any part of this e-mail or its attachments. Internet communications are not guaranteed to be secure or virus-free. We do not accept responsibility for any loss arising from unauthorised access to, or interference with, any Internet communications by any third party, or from the transmission of any viruses. We may monitor replies to this e-mail for operational or business reasons. Any opinion or other information in this e-mail or its attachments that does not relate to our business is personal to the sender and we do not endorse it.

---------- Forwarded message --------- From: Spokazi Mahlalela <***ca> Date: Thu, Mar 4, 2021, 15:43 Subject: RE: FW: CEO Complaint Case C-***2 : E/LATE DJ KEKANA : *** [ ref:_00D1r1GluM._5005JAj6Fy:ref ] To: *** <***>

Dear Mr Kekana

Please find attached hereto our correspondence for your attention.

Kind regards Spokazi Mahlalela Dispute Resolution Consultant Enablement Banking

M +***7 4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa www.absa.africa

--------------- Original Message --------------- From: Spokazi Mahlalela [***ca] Sent: 2021/03/03 9:12 AM To: *** Subject: RE: FW: CEO Complaint Case C-***2 : E/LATE DJ KEKANA : *** [ ref:_00D1r1GluM._5005JAj6Fy:ref ]

Dear Mr. Kekana

I confirm receipt of your complaint and have noted its contents.

Our process for handling complaints is as follows: The complaint will be investigated by writer hereof. We will provide you with feedback on the progress on your complaint at least every 8 working days. We will try to resolve your complaint within a period of three weeks, but our investigation may possibly take longer if it is a complicated matter. We however sincerely hope that, should our investigation take longer than three weeks, you will still allow us to complete our investigation into your complaint. You will be informed in writing of the outcome of the investigation. We thank you for bringing the matter to our attention and for your patience while we explore this matter.

Sincerely

Spokazi Mahlalela Dispute Resolution Consultant Enablement Banking

M +***7 4th Floor, Absa Towers North, 180 Commissioner Street, Johannesburg, 2001, South Africa www.absa.africa

--------------- Forwarded Message --------------- From: Group Customer Care CEO [***] Sent: 2021/03/03 8:34 AM To: *** Subject: Re: FW: #E/L KEKANA, DJ (***6) .MR KAGISO KEKANA URGENT QUERY) COMPLAINT [ ref:_00D1r1GluM._5005JAiofp:ref ]

Dear Mr. Kekana,

Further to our message of 01 March 2021, we confirm that your complaint has been assigned to Ms. Spokazi Mahlalela from the Absa Trust dedicated team.

Ms. Mahlalela will contact you directly in order to investigate and resolve the matter and will also keep our office informed of the progress and resolution of the matter.

You will receive communication from Ms. Spokazi Mahlalela shortly.

Regards

Lindiwe Rantsane Specialist Case Manager: CEO & Resolve Complaints Customer Value Management: Customer Care

T +11 ***

Absa, Towers West, 15 Troye Street, Johannesburg, 2001, South Africa

www.absa.africa

CONFIDENTIAL

--------------- Original Message --------------- From: KAGISO KEKANA [***] Sent: 2021/03/02 9:07 AM To: *** Subject: Re: FW: #E/L KEKANA, DJ (***6) .MR KAGISO KEKANA URGENT QUERY) COMPLAINT [ ref:_00D1r1GluM._5005JAiofp:ref ] Good day, Just to clarify,the email that I sent to you below is because of what should have been done in the undertaking of asset allocation to the said heirs under my mother's estate.In other words I am saying that the other heirs have been enriched in what they have been given in terms of money,I have been prejudiced by this because this process hasn't and wasn't done with consideration of all the facts.There needs to be a recalculation of inheritance and the percentage apportioned to everyone with view of what they were actually supposed to get.Please read the email below again so that I get indemnified,so that this situation can be corrected speedily as this was never done right therefore enriching others whilst prejudicing another.This is extremely serious. Regards Kagiso Kekana On Mon, Mar 1, 2021, 13:21 Group Customer Care CEO <***> wrote: Dear Kagiso Kekana,

Your email below bears reference.

Please provide us with the relevant Absa account/Will number/ your late mother's ID number so that we can review the matter further.

Regards

Lindiwe Rantsane Specialist Case Manager: Resolve Complaints Customer Value Management: Customer Care

T +11 ***

Absa, Towers West, 15 Troye Street, Johannesburg, 2001, South Africa

www.absa.africa

CONFIDENTIAL

From: KAGISO KEKANA <***> Sent: Monday, March 1, 2021 5:06 AM To: Daniel Mminele (ZA) <***ca> Cc: Paul Duncan (ZA) <***ca> Subject: #E/L KEKANA, DJ (***6) .MR KAGISO KEKANA URGENT QUERY) COMPLAINT

Good day.

I trust that you are well.In the preceding weeks/months I have had several discussions with you regarding my mother's estate and especially at the fact that my mother did not only make me an heir but also wendy moritshane when referring to the fixed property as well as the 'three way' distribution of my late mother's liquid/pecuniary assets to me wendy and her son,lebogang moritshane.

Firstly,the issue that I have is that my father Mr Seiponi Benjamin Kekana was married to my mother in COP,in community of property,my father's estate which is directly connected with this estate that belongs to my mother was registered and never unravelled and wound up,never actioned which has a direct impact as to the percentage and or proportions that can apportioned to the heirs in my mother's will that is held by ABSA.As we speak,ABSA Trust has already paid R120+-K/thousand to me and wendy respectively,and a little less to lebogang moritshane with R30 000.00 advances to wendy moritshane and lebogang moritshane respectively whilst I received R51.700.00 in the advance by ABSA whilst R100 000.00 was withheld for other costs connected to fixed property like municipal fees etc when the property get distributed.My father's estate was supposed to be at the very least juxtaposed in terms of unwinding with my mother's as it is known that on the one hand if my father passed away intestate,as stipulated in the provisions of the Intestate Succession Act ,(Act 81 of 1987),in the case of marriage in community of property,one half of the estate belongs to the spouse and although it forms part of the joint estate,it will not devolve according to the rules of Intestate succession.If the deceased is survived by a spouse or spouses as well a descendant/s,the spouse or spouses inherit the greater of R250 000 per spouse or a child's share and the children the balance of the estate.A child's share is determined by dividing the intestate estate by the number of surviving children of the deceased and deceased children who have left issue,plus the number of surving spouses.The passing of my father left me and my mother as heirs of my father's estate ,as my mother was his spouse and me as their child.That is if he passed away intestate,but I can categorically tell you that my father is long standing ABSA client even to the days of Volkskas ,he should have or rather would have drawn up a will and used ABSA's will service as did my mother as she too was a long standing client of ABSA.What I am saying here is that there is a possibility that my father made me the heir of his estate that he bequeathed therefore meaning that I would be massively prejudiced if his estate is not considered in the determination of the outcome of this one of my mother.In both testate and Intestate I would be severely prejudiced if my father's estate is not rounded up and concluded as it has a direct and significant impact on the outcome of my mother's estate that ABSA has been nominated as an executor.Also, the other thing is that what they,my parents, had was a joint estate and upon the death of one spouse which was my father first in this instance and because of their chosen marriage regime,my mother didn't automatically inherit everything.Meaning that the apparent 50%/50 share of any of the fixed property for example in Soshanguve 1233 Block K,she didn't have 100% but rather only what was her entitlement as per Intestate Succession Act,I was and still am part owner of my father's estate just like my mother with our respective portions that we are entitled to before what my mother will dictated.So you see me and wendy moritshane could never have a situation of 50%/50% equal share ownership of the 100% value of that house or any other fixed property for that matter,my mother could not just like anyone else ,cannot give away or bequeath assets whether in part or as a whole,assets she didn't own in totality,in other words I am saying that she could only through her will only bequeath to whomever she wanted what was her legal entitlement and at the very least,the fixed property as a whole wasn't hers,she was part owner of the house,with me being the other owner as their only descendant &/child together.I had a discussion at length with Mpho about the fact that I am willing to give/sign over power of attorney to ABSA pertaining to my father's estate after the Masters office sent ABSA proof of who the preceding executor was ,because it has been realized by ABSA after the disbur*****t of monies to the heirs of my mother's estate and more especially the fact that the fixed property was registered in my father's name and the time came after the Liquidation and Distribution process undertaken by ABSA for my mother's estate that it might actually be important for ABSA to complete my father's estate as well so as to able complete the process of rounding up my mother's estate which is horrifying as my mother's estate is severely influenced by father's which would inadvertently affect what the other heirs would receive which would naturally be far less than what the Liquidation and Distribution account drawn up by ABSA says for my mother's estate .I even contacted the Masters office in several occasions to assist in expediting the process of getting to get the copy of who the executor was so that I may sign over the power of attorney to ABSA ,everytime that I did I copied Mpho for her to be privy to the requests that I was making so that we are on the same page.There has been no urgency from ABSA,or Mpho,or anyone to resolve that minot query with the Masters office, everything just stopped there...there is no feedback,no interest,no effort in managing expectations from ABSA,nothing ,which is massively disturbing for me as all this affects me and my family's lives directly.

I also had a discussion with Mpho and informed her that my mother is an intestate heir of my grandmother's house in Sebenzisa,in Kagiso, Krugersdorp in the Mogale City municipality and she -Mpho ,subsequently told me that,she ran a search using my mother's credentials and nothing came up for any other fixed property besides the one in Soshanguve and therefore could not include that house in the winding up of the estate which was massively bewildering because that type of explanation as reason for not including assets that are due to the deceased estate simply because they are not registered in the deceased name even after I specifically mentioned to her on a recorded line that the property is there and my grandmother died Intestate therefore leaving her property to my mother's brother and her,50%/50%.Therefore meaning that when my mother passed on and because of testatrix stipulations in her will and how intestate succession works (in the instance of my grandmother),I would be entitled to my legal portion of that property as well as per Intestate Succession but that was deliberately disregarded and excluded in the execution of the will which once again has a considerable impact on the final considerations and eventually the execution of my mother's will.By virtue of the exclusion of that property I am being prejudiced of my legal right of ownership even if it is in part ,of a fixed property or an immovable asset that I have legal interest and standing in.

One of my other great concerns is that ,for example,the property in Soshanguve,I am currently not occupying it,wendy moritshane and her family are occupying it and because there are irreconcilable differences that have arisen as is the norm in many of such cases that have lead to a protection order against me by wendy moritshane and this tense friction that is there because if this bitter type of situation,the monthly property bills do not stop accumulating because of a domestic or personal squabbles.Municipal bills or rates in other words property taxes and utility bills compound and accumulate and will eventually affect me whether or not I am living there or not,inwhich then we have a situation where I am severely prejudiced legally and financially which is wrong and should never be as it is unnecessary especially if there is executor nominated like ABSA.In the days before (before further information and understanding arose) I have also discussed the idea of my portion being sold to wendy moritshane in which at the time Mpho proceeded to ask wendy if she would be willing to buy my portion as calculated with the then information amassed on the L&D account and she expressed her dismay and inability to buy my portion and has as a result stopped answering ABSA Trust's emails and phone calls when ABSA requires her marriage certificate that they requested from a long time ago in order to close out the account and conclude the business of the fixed property as she is interpreting their calls and communication as an attempt to coerce her to sell what she perceives as totally her-the whole property.The exasperating issue here is that time and time again,at the time of that discussion's relevance,I have clarified to Mpho that I just want to get what is legally my entitlement as I have dealt with a lot of theatrics from wendy moritshane...That as option,she (wendy) could buy me out or if she couldn't then the property should be placed on the market so that everyone that has a legal interest in the property should get their equitable proportion and part ways for good with ABSA facilitating that process and she-Mpho -kept on reiterating that I cannot force wendy to sell the property even though not once did I ever say that whether on the recorded line or on email which I found extremely off-putting and inflammatory because of this unnecessary and vexatious situation that I have with wendy moritshane because for me it exhibits signs of a lack of empathy, interest and attention to detail.The emotive or personal or relational aspect between me and any other heir is not and should not be of ABSA's problem,that I know and I accept,but everything is in the detail especially when dealing with customers.A representative of an august organization like ABSA should be able to deal sensitively with the nuances of such an important matter.There has been no movement at all since I was last informed of the fact that wendy is not responding to ABSA Trust's communication whereas here marriage certificate is required from her.Communication stopped there,the sense that I got from all this is I could stay for decades whilst ABSA just waits on someone who is unwilling to comply with a reasonable request like submitting of marriage certificate like in this case.What then happens to the property that I own as well,what happens to my interest as customer of ABSA till whenever that situation is resolved.What happens to if there loss or damage to the property,whose liability is it if there is this perceived stalemate? The property could end up being lost if this goes on whereas the executor is there and could remedy the situation.I really don't understand why I am getting such atrocious service when I am a customer,where TCF-Treating the Customer Fairly,should be app****and should underpin every interaction with each and every customer

The overarching role of the executor should be to check the will of the deceased and it's validity,establish who the beneficiaries are and get to ascertain what the value of all assets and liabilities of all the estate.Gather such items as bank accounts,title deeds to properties, insurance policy documents and any other information that pertains to and affects the finance affairs of the deceased.For example like in the Administration of Estates Act 66 of 1965,in section 27: 1 and 1(a),says that:

(1)An executor who has been ordered thereto by the Master or who in terms of section 23 was required to find security,shall- Within thirty days after letters of executorship have been granted to him,or within such further period or periods as the Master may allow,lodge with the Master an inventory in the prescribed form by him in person showing the estimated value of all property in the estate;and (b) thereafter,whenever he comes to know of any such property which is not mentioned in any inventory lodged by him to the Master,within fourteen days after he has come to know of such property,or within such further as the Master may allow,lodge with the Master an additional inventory,so signed by him showing the estimated value thereof.

As has been elucidated, not all assets and facts were considered even after I have alerted Mpho and her superiour,Mareese of the additional and auxi****y information that is critical and key in the final determination of my mother's will so therefore resulting in delictual liability as the five basic elements of delict are present with this case of conduct, wrongfulness, fault, causation and damage in which I am affected at the end of it all.Whom then should be held accountable for the consequence of the deliberate negligence of miscalculation due to several key components of the calculation of the will disregarded and not included? From the first day that I started dealing with ABSA Trust and I after I was informed of who the contact person was,I informed her,being Mpho,and a couple of times thereafter the paramount importance on constant feedback pertaining to my mother's estate from her or ABSA,that is so as to avert situations where there instances of miscommunication or undue delays because of a lack of communication or explanation.

The short of it here is that I am prejudiced financially and legally and to a large extent it is ABSA's fiduciary duty to facilitate the speedy resolution of this estate in a fair and expeditious manner as ABSA is the one nominated in the role of being an executor.I need urgent assistance in the resolution of this matter as it affects me and my family very acutely.I want for things to be done properly so that I can get what is rightfully mine and be able to move on with my life.

Regards Kagiso Kekana ***/***