Aftershocks of Riky Rick’s tragic death could have been averted

Fans of the late rapper Riky Rick stagger as wave upon wave of tragic news concerning him and his family keep on hitting them.

First there was the news in February that he has lost his fight against depression.

Then fans were shocked when they learnt that he was never officially married to Bianca Naidoo and that he was not the biological father of her daughter Jordan. Rick was such an amazing father to Jordan that fans were sure that she was his own biological daughter.

Naidoo confirmed that her first child with Rick was their son Maik.

The fact that he died intestate led to the last shock when it came to light that Naidoo recently had launched legal action to be appointed Executor of His Estate and recognised as Rick’s wife and a Beneficiary of his Estate. She reportedly has brought the action against the Johannesburg High Court and the Minister of Home Affairs Aaron Motsoaledi.

The Estate of Rick’s Estate is conservatively estimated at $2 million.

Naidoo says she and Rick lived as a married couple and were so devoted to each other that they never felt the need to formalize their union.

Reasons for the application:

Naidoo purportedly listed a number of reasons in her application to be appointed Executor of his Estate and recognised as his wife and as a Beneficiary. They are:

He moved into her home in Bryanston with her and her daughter after expressing his desire to have a long-term commitment with her.
She supported him while he tried to get his music career off the ground.
“The deceased also had the use of my car, which included me paying for petrol as well as the money he had to pay for studio time recording his music. My financial support of the deceased continued until his career endeavours became successful in 2014,” she wrote.
In just the past two years, she left her job to become his business partner and manager.
Rick was in her medical care as a life partner.
According to Bianca, their families have recognized them as a married couple since 2013 and she has the support of Rick’s family in her motion before the court.

Legal complexity:

Because Rick did not have a Will, he died intestate. Under South African Inheritance Law, the Master of the High Court will have to appoint an Executor to wind up his Estate.

As it stands his only Beneficiary will be his minor son. Because he is still a minor, Rick’s assets will be paid into the government’s Guardian Fund. His court appointed Guardian will then have to claim from the Guardian Fund for his son’s living expenses. When he reaches majority (18 years and older) the remainder of it will be paid to his son.

If only . . .

If Rick had a valid Last will and Testament, Bianca Naidoo’s application would have been unnecessary.

The whole process of establishing who the Beneficiaries, the Executor of the Estate and Guardian/s for the children should be, would have been streamlined. In the case of a Trust for the minor Children, Trustees would have been nominated and assets already allocated to the Trust as per the Will.

A valid Will allows you to state your last wishes, who should inherit your assets and property, who you would like to act as Executor for your Estate, and who you wish to nominate as Guardian/s for your minor Children (younger than 18 years old).

Naidoo and the two children had to endure heartbreak after heartbreak after the passing of Rick. The Will could have saved Naidoo, and by implication, the Children, another trauma.

The tragic tale of Riky Rick and his legacy clearly illustrates why Capital Legacy’s mission is to make the passing of a loved one easier.

Image source: The South African