The bitter legal dispute tearing apart the Kirk family has taken a new turn.
Revelations in the High Court are that businessman Thomas Moore Carl Kirk is battling dementia and requires over E1 million annually for his medical care and upkeep.
While his youngest daughter, Elizabeth Bertha Tammy Kirk, seeks tuition support, Robert Kirk, acting as curator bonis of his father’s estate, argues that family funds must secure their ailing father’s welfare. He accused Elizabeth, her mother Bongiwe, and others of misusing assets and ignoring the ailing Kirk.
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In his sworn affidavit, Robert revealed that the 2023 car accident, which left Thomas hospitalised in South Africa, highlighted his declining cognitive health.
Notice
“From 2020, our family noticed a remarkable decline in Kirk’s cognisant functions,” Robert deposed. “The accident highlighted that he was suffering from dementia and as a result was unable to conduct his personal or business affairs in a normal manner.”
Robert stated that this necessitated him, with the consent of the entire family, applying to court for the order of curatorship.
“The applicant, together with Bongiwe and Carleen, instead of becoming involved and assisting in the care of Kirk, elected to withdraw,” Robert stated.
Robert said the applicant’s insistence on her entitlement to tuition support ignored the broader financial burden of caring for their father.
He stated that as trustee he has been requesting a meeting with Elizabeth in order to discuss pertinent issues relating to the Trust and her welfare. This included reporting to her that Kirk’s medical bills, expenses and upkeep exceeded E80 000 per month, while her enrolment in the Netherlands was in excess of E600 000 per year.
“There are other beneficiaries that also need to be maintained. This includes over E1 million per year for the upkeep and medical requirements of our father. The applicant, her mother, and the fourth respondent would not know this because they are not at all interested in him,” he submitted.
Love
He added that Elizabeth’s expressions of love for her father on paper contradicted her conduct. He accused her of avoiding visits to her father except when under pressure.
“Even when she did visit, it was for window dressing and not out of genuine love,” Robert alleged.
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