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The Mercury reports that for the second time in a year, a Durban man separated from his late wife has failed in attempts to receive a benefit of almost R4-million following her death in June 2016.
In September 2018, Krean Naidoo of Umhlatuzana complained to Pension Funds Adjudicator (PFA) Muvhango Lukhaimane about the Coca-Cola Shanduka Beverage Provident fund paying the death benefit into the deceased’s estate account. Krean and the deceased, Samantha, were married out of community of property. She moved out of the common home in November 2015 and lived alone until the time of her death. The fund submitted that before her death she had initiated divorce proceedings against Krean. The couple also agreed in a deed of settlement that neither party had any claim to the assets of the other. In her original determination in April last year, Lukhaimane found that the payment of the death benefit into the estate account was justifiable under the circumstances and the complaint was dismissed. However, Krean submitted an application for reconsideration of the determination to the Financial Services Tribunal (FST), which set aside the PFA’s original decision and referred the complaint back to the PFA for reconsideration. This was based mainly on the issue that the PFA had failed to fully investigate the circumstances regarding the complainant’s allegation that he and the deceased were to reconcile. This was disputed by the Fund, which noted that the complainant did not submit any evidence to prove that he and the deceased were reconciling prior to her death. The deceased’s mother also stated that shortly before her death, she had considered emigrating to Canada without her spouse. The tribunal dismissed the complaint.
- Read the full original of the report in the above regard at The Mercury
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