* The One Financial Solution: Marlise Steenekamp, Marais Law Inc
* 23 Mar: LJ Re GMC 542/21; MHC 4968/20; CCMA 1279-20: Re S29 Claim Filing
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From: Lara Johnson [mailto:email@example.com]
Sent: Tuesday, March 23, 2021 3:58 PM
To: ‘Marais Law Inc: Charl Marais’
Cc: ‘Marlise Steenekamp’
Subject: GMC 542/21; MHC 4968/20; CCMA 1279-20: Re S29 Claim Filing
TO: Marais Law Inc: Charl Marais:
CC: The One Financial Solution: Marlise Steenekamp
Ref: 11 Mar: 542-21: Elliott Estate: 01-0MS & 02-DM Notice to Oppose Affidavits: MS PDF: pp.15.
GMC 542/21; MHC 4968/20; CCMA 1279-20: Re S29 Claim Filing.
To simplify matters my suggestions are as follows:
First Respondent Notice to Oppose Affidavit: PDF: para 23.4 states: “If the applicant submits a claim against the estate to me as executrix, I will be able to consider the claim. If I accept the claim it may be reflected in the Liquidation and Distribution Account, or any Supplementary Account.”
I have no idea what the Executors definition of a valid claim is. There is no template format at Dept of Justice: Master of the High Court: Forms page, stipulating that a claim must follow a specific format, or be served in a specific manner, or include any gatkruiping language.
On 22 March 2021, I re-submitted my claims to the First Respondent [22 Mar: LJ Filing: GMC 542/21; MHC 4968/20; CCMA 1279-20: S29 Claim Filing: S29 Filing: Claims in terms of Section 29 of Administration of Estates Act [PDF: pp.43] to her via electronic mail to her email address: firstname.lastname@example.org.
If your Executor client has a legal definition for what she considers to be a valid claim. If she provides me with her valid claim definition, template format; including information as to how she requires it to be served to her, and what kind of gatkruiping language she requires; then I will amend my claim to be as close to possible – excluding gatkruiping language – in accordance with her valid claim demands.
Suspend Application Proceedings: Admin of Estates Act S29, S32, S33 & S35 Claims Process.
My suggestion is to suspend these application court proceedings – i.e to refrain from allegedly abusing the court any further [First Respondent: PDF: para 23.6] and to follow Admin of Estates Act: S29, S32, S33 and S35 claims procedures – pending First Respondents decision to inform you, me, other respondents and the court (a) what her written S32, S33 or S35 response to my resubmitted claim decision is; or (b) how much time – days, week, two weeks – she requests to assess my resubmitted claim; to provide me with her S32, S33 or S35 written decision.
If First Respondents decision response to my 22 March 2020 resubmitted claim is:
* S32: If so these proceedings can be suspended pending the Executors S32 initiated action proceedings hearings evidentiary enquiry report. Once S32 hearing is complete: Applicant and first respondent can make more fully informed S35 and/or S33 decisions as to the evidence in support and/or against my claims.
* S35: If so these proceedings can be terminated.
* S33: If so depending on the Executors written reasons; I can (a) amend my claim to the Executors valid claim format definition requirements; and once so done; the correctly formatted claim can be resubmitted to the Executor for the Executors S32, S33, S35 decision; or (b) make a more fully informed decision as to un/lawful un/reasonableness evidentiary truthseeking or rubber stamping of the Executors written reasons and based on such conclusions proceed or withdraw the application.
If you have any suggestions to simplify my suggested process, kindly let me know.
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Sent per electronic notice to:
The One Financial Solution: Marlise Steenekamp:
Marlise Steenekamp (email@example.com);
Marais Law Inc: Charl Marais:
Marais Law Inc: Charl Marais (firstname.lastname@example.org)