An elderly woman, seeking to sell a guest house she had managed for over two decades with her late husband, was forced to take legal action against her three stepsons to compel them to sign the deed of sale.
Margaret Hart, 78, married Peter Dionysius Hart in December 1984, and the couple operated a guest house in Camps Bay, Cape Town, starting in 2004. Peter had three sons from previous marriages, and together with Margaret, they had one son. After Peter’s death in 2013, his will was executed, and the property was transferred to his four sons, with Margaret continuing to manage the business.
In 2023, due to her age, Margaret decided to sell the property and invest the proceeds for her financial security. She found a buyer willing to purchase the property for R17 million but was unable to proceed with the sale as her three stepsons refused to sign the deed.
The stepsons argued that the will prevented their stepmother from selling the property, as it stipulated that they, as the executors of Peter’s estate, were the rightful owners. They presented a clause from the will that bequeathed the estate to them in equal shares.
However, Margaret referred to another part of the will, which granted her usufruct over the assets, allowing her to dispose of them as long as the executors approved of the investment. She argued that the stepsons were unreasonably withholding approval for the sale, preventing her from securing her financial future.
The stepsons contended that their father, a property valuer and estate agent, intended for them to have the final say over the sale and investment of the property, fearing that Margaret might misuse the estate to support her brother’s financial interests. They claimed their father’s will was designed to ensure they could veto any sale or investment decisions.
However, Acting Judge Zuko Mapoma ruled that the stepsons’ interpretation of the will was speculative and not supported by the explicit wording of the document. He concluded that Peter intended for Margaret to have the right to dispose of the property, and he ordered the stepsons to sign the deed of sale for the R17 million within 10 days.
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