Stellmacher heirs sued
Estate dispute drags on
A bitter fight over assets among the heirs of the late veteran medical doctor Dr Franz Stellmacher, who died in 2016, continues unabated, with two of his daughters now dragged to court on accusations of corruption.
One of the daughters, Golda Stellmacher, who has since been discharged as the executrix of the estate, has submitted a counterclaim of N$7.3 million for running and managing the estate as well as maintaining assets that form part of it.
This included N$1 000 to "look at cameras", N$10 000 for "admin call fees from workers, problems on call", and N$5 000 to "personally get a Rehoboth town council account".
The daughter also claimed N$8 000 because "for the third time, Silas is not at work again" and N$8 000 to pick up her Ford vehicle from her sister Rosa.
Claims
The new executor of the estate, Eben de Klerk, who accuses Golda of allegedly transferring N$2.2 million to herself and her sister each from their father’s bank account, however, told the court that the estate law does not provide for administrative costs.
He further claimed that the money Golda allegedly transferred was made without authorisation or the knowledge of the other beneficiaries or the Master of the High Court.
"The payments were never recorded in the liquidation and distribution accounts. The settlement agreement was concluded in contravention of the Anti-Corruption Act. A contravention of these sections attracts a criminal sanction and penalty as provided for in Section 49. I pray for an order declaring the agreement a nullity and setting it aside," De Klerk urged.
Estate claim
According to court documents in the case between Zia Stellmacher and Golda, a settlement agreement was reached and payment made for the former’s claim of N$5.4 million in damages suffered during the time 900 of her late father’s cattle grazed on her farm, Biesiespoort.
In his founding affidavit, De Klerk accused Golda of failing to submit a claim against her father’s estate, adding that based on the settlement agreement, Golda acted in her personal capacity and not in that of the executrix.
"The estate received no benefit from the alleged compromise, in as far as there was a compromise reached in the circumstances. On 8 July 2022 Golda transferred N$2 219 760 each to both her and Zia – an amount of N$4.439 million out of a Bank Windhoek account of the estate of the late Franz Friederich Stellmacher. The monies paid to each of them fall within the definitions of gratification and property. Neither the other beneficiaries nor the Master were joined in the action by the two. Golda’s appointed agent was excluded," he said.
Admin costs
In her counterclaim, Golda called upon De Klerk to prove the allegations of self-gratification and violations of the Anti-Corruption Act.
She, however, admitted that the other beneficiaries and the Master were not joined in this action and also denied that she entered into the agreement in her private capacity.
"I plead that, as a result of the administrative duties, the estate is obliged to pay such administrative costs. I deny that that settlement agreement was a compromise and plead that the settlement agreement was entered into with Zia to settle the dispute," the papers read.
Money claimed
Zia, on her part, stated in court papers that she and her late father entered into an oral agreement that his 900 cattle would graze on her farm, Biesiespoort, and he would pay N$150 per head of cattle.
In earlier court papers, before the settlement agreement was reached, Golda disputed these claims, saying her father was a hardworking man who was not in the habit of making oral agreements.
She also said even though he gave each of his five children a farm, he continued to use the farms as he pleased.
She added that the money her sister claimed in damages was worth more than the value of her farm.
Meanwhile, Zia and Golda have both agreed to allow De Klerk to move forward with the cancellation of the court order made to postpone the case to Tuesday, 12 September, for a status hearing.
It was also agreed that Golda will file a claim with the Master and, along with Zia, will make revisions to their conditional counterclaims. Furthermore, De Klerk will explore the possibility of amending his demands.
The case is now postponed to 3 October.
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One of the daughters, Golda Stellmacher, who has since been discharged as the executrix of the estate, has submitted a counterclaim of N$7.3 million for running and managing the estate as well as maintaining assets that form part of it.
This included N$1 000 to "look at cameras", N$10 000 for "admin call fees from workers, problems on call", and N$5 000 to "personally get a Rehoboth town council account".
The daughter also claimed N$8 000 because "for the third time, Silas is not at work again" and N$8 000 to pick up her Ford vehicle from her sister Rosa.
Claims
The new executor of the estate, Eben de Klerk, who accuses Golda of allegedly transferring N$2.2 million to herself and her sister each from their father’s bank account, however, told the court that the estate law does not provide for administrative costs.
He further claimed that the money Golda allegedly transferred was made without authorisation or the knowledge of the other beneficiaries or the Master of the High Court.
"The payments were never recorded in the liquidation and distribution accounts. The settlement agreement was concluded in contravention of the Anti-Corruption Act. A contravention of these sections attracts a criminal sanction and penalty as provided for in Section 49. I pray for an order declaring the agreement a nullity and setting it aside," De Klerk urged.
Estate claim
According to court documents in the case between Zia Stellmacher and Golda, a settlement agreement was reached and payment made for the former’s claim of N$5.4 million in damages suffered during the time 900 of her late father’s cattle grazed on her farm, Biesiespoort.
In his founding affidavit, De Klerk accused Golda of failing to submit a claim against her father’s estate, adding that based on the settlement agreement, Golda acted in her personal capacity and not in that of the executrix.
"The estate received no benefit from the alleged compromise, in as far as there was a compromise reached in the circumstances. On 8 July 2022 Golda transferred N$2 219 760 each to both her and Zia – an amount of N$4.439 million out of a Bank Windhoek account of the estate of the late Franz Friederich Stellmacher. The monies paid to each of them fall within the definitions of gratification and property. Neither the other beneficiaries nor the Master were joined in the action by the two. Golda’s appointed agent was excluded," he said.
Admin costs
In her counterclaim, Golda called upon De Klerk to prove the allegations of self-gratification and violations of the Anti-Corruption Act.
She, however, admitted that the other beneficiaries and the Master were not joined in this action and also denied that she entered into the agreement in her private capacity.
"I plead that, as a result of the administrative duties, the estate is obliged to pay such administrative costs. I deny that that settlement agreement was a compromise and plead that the settlement agreement was entered into with Zia to settle the dispute," the papers read.
Money claimed
Zia, on her part, stated in court papers that she and her late father entered into an oral agreement that his 900 cattle would graze on her farm, Biesiespoort, and he would pay N$150 per head of cattle.
In earlier court papers, before the settlement agreement was reached, Golda disputed these claims, saying her father was a hardworking man who was not in the habit of making oral agreements.
She also said even though he gave each of his five children a farm, he continued to use the farms as he pleased.
She added that the money her sister claimed in damages was worth more than the value of her farm.
Meanwhile, Zia and Golda have both agreed to allow De Klerk to move forward with the cancellation of the court order made to postpone the case to Tuesday, 12 September, for a status hearing.
It was also agreed that Golda will file a claim with the Master and, along with Zia, will make revisions to their conditional counterclaims. Furthermore, De Klerk will explore the possibility of amending his demands.
The case is now postponed to 3 October.
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