Will woes worsen

2016-04-12 06:00
A family has been out on the street after being evicted form their home on the corners of Bamberry Road. This is the second time this year the family has been evicted.  PHOTO: Chevon Booysen

A family has been out on the street after being evicted form their home on the corners of Bamberry Road. This is the second time this year the family has been evicted. PHOTO: Chevon Booysen

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For a second time this year, a family of 12 have been evicted from their home.

The family has been squatting just outside their home on the corner of Bamberry Road in Lansdowne, for over a week now.

The family was evicted from their home in February earlier this year, leaving them destitute for three days.

Breadwinner of the family, Audrey Swarts (55), says they are torn over the incident.

“It is not nice living like this outside your own home. This house has been in our family for four generations and having to squat outside it is really sad for all of us,” Swarts says.

She details the trail of events that led to their current situation, saying the insurance broker who drafted Swarts’ deceased mother’s will is behind it all.

“My mother had a will made up during 2007 and during 2010 she wanted to make changes to that will. The changes were made and just three months later my mother passed away,” Swarts explains.

The events that followed have led to a heart-wrenching ordeal for the family as they try and get back inside their house.

“We questioned the will that was drawn up in 2010 as we did not see any signatures or dates on the will. The insurance broker told my sister and I that it did not matter that there was no dates on the amended will but we still followed up on this,” she says.

During 2011, Swarts says she then visited the Masters of the High Court’s offices who then rejected the amended will due to it not having dates stipulated.

“This whole process took very long and we even landed up in High Court because of it. However when we got to High Court, the case was dismissed,” Swarts explains.

According to the Swarts family, it was explained to them by the insurance broker that their deceased mother still owed money to the company.

“We have appointed another lawyer to take care of this for us because this woman somehow got herself to be the executor of my mother’s amended will and we have no idea how she got this right. She had a warrant of ejection paper served to us during 2014 as well but at that time we also had a lawyer take care of the case for us which resulted in the eviction being halted. But today, after the case has already been dismissed, we have been evicted on that same 2014 warrant of ejection. That is obviously not right and we want to get to the bottom of this,” Swarts stresses.

The family say they are distressed with the ordeal and just “want it to be over already”.
“We have been living outside on the road right in front of our own house and it’s heartbreaking. We have no access to the house at all after the sheriff of the court came to evict us.
“On the day of our eviction, I was at work in Durbanville when my daughter called me to let me know there were people there to put us out of the house. When I got home all our things were out on the side of the road,” Swarts says.

The family says they have no where else to go as the house has been a family home for many generations.

“Luckily, our neighbours around here have been really helpful by assisting with food and allowing us to use their homes to go wash. The four children in our home, with the youngest at 18 months, is living with neighbours while this is being sorted out,” she says.
The family says they have had a tough time living outside as well having to change shifts at night to watch over their possessions.
“We have two men watching over our things at night so that nothing gets stolen. They have to sleep during the day so they can keep watch all night. Luckily the neighbourhood watch also assists in this regard,” Swarts adds.

People’s Post attempted to reach the insurance broker on numerous occasions, but she had not responded at the time of going to print.

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