30/09/2026
DECEASED ESTATE FUNDS ARE NOT PERSONAL SPENDING MONEY!
After losing someone you love, you should not have to fight to protect the money they left behind. An inheritance may help a surviving spouse keep the family home, allow a child to continue studying or provide some financial stability during an already difficult time. When a family entrusts an estate to an executor, they should be able to expect that its assets will be protected and its affairs handled honestly.
That is why the ongoing prosecution of attorney Charlotte Tibana and Tshwane Metro Police Department officer Peter Nonyane deserves attention. The allegations concern more than financial transactions. They concern whether money entrusted to an executor was used for personal benefit instead of being administered for the people lawfully entitled to it.
At Ehlers Fakude Incorporated, we believe that protecting the legal profession means insisting on accountability within it. We welcome the investigation and prosecution of alleged wrongdoing involving estate funds, while recognising that the evidence must be tested fairly in court.
On 18 August 2026, The Mercury reported that Tibana and Nonyane had appeared in the Polokwane Magistrates’ Court following allegations involving approximately R1.75 million from two deceased estates. Prosecutors alleged that Tibana, acting as executor, authorised transfers from estate accounts and that approximately R1.65 million was used to purchase a pre-owned Mercedes-Benz AMG G63 from a Pretoria dealership.
By 7 September 2026, the National Prosecuting Authority had reported a broader case involving approximately R6 million and 43 charges at that stage, including theft, fraud and money laundering. The NPA confirmed that both accused had been denied bail. In opposing their release, the State raised allegations of interference with witnesses and the investigation, including alleged requests for the matter to be closed.
The allegations also extend beyond the vehicle purchase. According to the NPA, some of the money was allegedly used for stokvel contributions and the construction of a residential property. In a separate estate valued at approximately R4.25 million, the State alleges that only R1.47 million was paid to the deceased’s children, while the remaining funds were misappropriated.
On 28 September 2026, IOL reported that Tibana’s younger sister, a businessman and a company had been joined as co-accused. That report, citing the prosecution’s allegations, described a case involving approximately R11 million across 15 deceased estates. It also referred to allegations that properties were registered in the sister’s name and that a business account was used to conceal or move the proceeds.
However, for the public’s sake, let’s pause here: an arrest, a criminal charge or the refusal of bail is not a conviction. Section 35(3)(h) of the Constitution protects the right to be presumed innocent. The accused must have the opportunity to challenge the evidence, and their guilt or innocence must be determined through the judicial process. Supporting that process does not mean the public should conduct their own trial on social media, and the deliberation should be left to professionals.
The allegations concern the very duties an executor is entrusted to perform.
An executor is appointed to administer an estate, not to treat its assets as their own. Under the Administration of Estates Act 66 of 1965, the executor must take control of estate assets, account for their administration and ensure that creditors and beneficiaries receive what is lawfully due to them. Section 26 addresses custody and control of estate property, while section 35 governs the Liquidation and Distribution Account and the distribution process.
Section 28 generally requires estate money to be held in an account in the estate’s name, subject to the applicable requirements and the Master’s directions. It also requires payments to be identifiable, including the recipient, amount and reason for payment. These requirements matter because an executor should be able to explain where estate money went and why the payment was made.
The Liquidation and Distribution Account must disclose the estate’s assets, liabilities, administration expenses and proposed distribution. Legitimate debts, taxes and administration costs must be taken into account before the balance available to beneficiaries is determined. A difference between an estate’s gross value and the amount inherited is therefore not, by itself, evidence of theft. The concern arises when money cannot be properly accounted for or has allegedly been diverted without a lawful basis.
Applied to this case, the important question is not simply whether Tibana could authorise a bank transfer. It is whether the transfers served a lawful estate purpose or instead amounted to the alleged appropriation of estate money for private benefit. Authority to operate an account does not confer ownership of its balance. If the prosecution establishes that funds were taken for personal purchases rather than legitimate estate payments or lawful distributions, that would be fundamentally inconsistent with an executor’s responsibilities.
This also explains why the reported charges include money laundering alongside theft and fraud, rather than instead of theft. The alleged taking of the money and the alleged steps used to conceal what happened to it raise different legal questions.
Section 4 of the Prevention of Organised Crime Act 121 of 1998 addresses certain dealings with the proceeds of unlawful activities. It includes transactions that conceal or disguise their source, movement or ownership where the person knows, or ought reasonably to have known, that the property represents criminal proceeds. In this matter, the allegations about transfers through a business account and property registered in another person’s name help explain why the investigation extends beyond the initial withdrawals. Whether those transactions satisfy the requirements of an offence remains for the court to determine.
Buying an expensive vehicle is not, on its own, proof of wrongdoing. Nor does being someone’s partner or relative establish criminal responsibility. What matters is the evidence connecting each accused to the alleged conduct and whether the prosecution proves the requirements of the charges against them.
For an attorney, these allegations also raise professional accountability concerns. The Legal Practice Council’s Code of Conduct requires honesty and integrity. Paragraph 3.8 specifically requires practitioners to account faithfully, accurately and timeously for clients’ money, keep it separate from their own and retain it only for as long as necessary.
The accounting obligations in section 87 of the Legal Practice Act 28 of 2014 expressly extend to records concerning deceased estates where an attorney acts as executor or administers an estate on an executor’s behalf. Estate administration is therefore not removed from professional financial oversight simply because the money is held in an estate account rather than the firm’s general trust account.
Accountability protects both families and the legal profession.
At Ehlers Fakude Incorporated, we welcome the fact that these allegations are being investigated and brought before the courts. Our support is for a fair, evidence-based prosecution and meaningful accountability.
Where an attorney is proved to have stolen estate funds, the response should not be to excuse the conduct, minimise the harm or protect the practitioner’s reputation at the expense of those affected. Families deserve to have their complaints taken seriously. They should not have to wonder whether the person responsible for administering their loved one’s estate is beyond scrutiny because that person happens to be a lawyer.
The courts have emphasised the public-protection purpose of professional discipline. In Hewetson v Law Society of the Free State [2020] 3 All SA 15 (SCA), the Supreme Court of Appeal reaffirmed that disciplinary proceedings primarily protect the public. It also explained that, where dishonesty has been established, exceptional circumstances are required to justify suspension rather than striking an attorney from the roll. That is a relevant principle of accountability, not a finding about the accused in the present case.
We firmly support appropriate criminal prosecution where the evidence warrants it, together with disciplinary action where professional misconduct is established. We also believe that protecting beneficiaries must include attention to safeguarding remaining assets and exploring recovery of any proven losses. Accountability should never become so focused on the accused that the affected families are forgotten.
Families should know what to ask and when to act.
Our first recommendation is to give the nomination of an executor the same care you give to deciding who should inherit. Ask about estate-administration experience, the proposed fees, who will handle the work and how your family will receive updates. Where you appoint an attorney, verify their professional status with the Legal Practice Council rather than relying solely on a title, recommendation or social-media presence. The LPC provides public resources for checking practitioners and firms.
For beneficiaries, our advice is to remain informed without assuming that every delay means something is wrong. Ask for the estate reference number, confirmation of the executor’s appointment, written progress reports and explanations for significant payments or deductions. Keep copies of correspondence and supporting documents. A clear record makes it easier to distinguish a genuine administrative difficulty from a concern requiring further investigation.
Pay particular attention when the Liquidation and Distribution Account becomes available for inspection. Under section 35, it must ordinarily lie open for at least 21 days, and an interested person may lodge an objection with reasons before the inspection period expires. This is an important opportunity to question an unexplained expense, an omitted asset or an incorrect proposed distribution.
Where there are serious concerns, raise them with the relevant Master’s Office and obtain independent legal advice. Complaints about an attorney’s professional conduct should be directed to the appropriate provincial LPC office, while suspected theft or fraud should also be reported to SAPS. Do not assume that lodging a professional complaint automatically opens a criminal case.
Urgent protective steps may also need to be considered. Section 28(6) gives the Master powers to restrict further withdrawals from an estate account, while section 54 provides grounds and procedures for removing an executor. Neither remedy follows automatically from an allegation; the relevant facts and legal requirements must be addressed. Nevertheless, beneficiaries should not assume that they must wait for a criminal trial to finish before seeking advice about protecting the estate.
There may also be a claim against the Legal Practitioners’ Fidelity Fund for a qualifying loss caused by theft, including certain deceased-estate losses. Compensation is not automatic, and conditions, exclusions and recovery requirements apply. Importantly, the Fund states that notice should generally be given to both the relevant provincial LPC office and the Fund within three months after the claimant became aware, or reasonably should have become aware, of the theft. Waiting for a conviction could put a potential claim at risk.
At Ehlers Fakude Incorporated, we specialise in deceased estates and conveyancing, including estate administration and property transfers arising from deceased estates. We also assist with wills, estate planning and trusts.
We share these updates because families deserve more than legal terminology they do not understand. They deserve to know what an executor is responsible for, what questions they may ask and where to turn when concerns arise. Our aim is to encourage informed decisions, responsible administration and accountability throughout the profession.
A loved one’s estate represents what they leave behind for others. It must never become an opportunity for someone entrusted with it to help themselves.
To discuss a will, estate administration, estate planning, a trust or a property transfer, contact our team.
EHLERS FAKUDE INCORPORATED
📞 012 361 7102
✉️ [email protected]
🌐 www.ehlersinc.co.za
📍 Pretoria and Cape Town
This article reflects reports available as at 29 September 2026. The criminal allegations remain subject to determination by the courts. The information is general and does not replace advice on the circumstances of a particular estate.
