The Johannesburg High Court was called upon to consider the proper interpretation of “… an inelegant and very badly drafted …” will.
Category: Court Cases
Court case on eviction of illegal occupants – Lochner N.O v Gardner and Others
An executor successfully obtained an eviction order against the occupants of a house which is an asset in a deceased estate.
Court case – transfer of property not final word on ownership – Melelwe v Songca and Others
The Johannesburg High Court recently ruled on a transfer of fixed property which was sold while already under deed of sale.
Court case: Posthumous recognition of customary marriage – Khashane v Minister of Home Affairs and Others
The Pretoria High Court recently ordered the recognition of a customary marriage after the death of the husband.
Court case on universal partnership – L.L v C.H NO and Others [2023]
The South Gauteng High Court held a relationship to be a universal partnership.
Court case: executor claims against company for “oppressive conduct” – Armitage NO v Valencia Holdings 13 (Pty) Ltd and Others
The Supreme Court of Appeal rejected claims by an executor against the directors of the company of which the deceased was a shareholder.
Court case on removal of trustee – Dlhomo NO and Others v Chalwa NO and Another
The Pietermaritzburg High Court recently ordered the removal of a trustee, inter alia for failing to consult with co-trustees before dealing with trust property.
Court case about trustees appointed in conflict with trust deed – Mmutle NO and Others v ABSA Bank Ltd and Others
The North West High Court ruled that an appointment of trustees in conflict with provisions of the trust deed was invalid.
Court case about an unsigned will – Roux NO and Another v Stemmet NO and Others
The Western Cape High Court ruled that a document not drafted or signed, and never seen, by a deceased person cannot be declared a valid will.
Court case: Customary law marriage – M.L.M v J.M.L and Another
The Limpopo High Court (Polokwane) declared a customary marriage valid after considering the requirements for ascertaining the contents of customary law.
Court case: Master ordered to perform function within two months – Bester N.O v Master of the High Court and Another
The Western Cape High Court ordered the Master to set conditions under section 47 of the Estates Act within two months.
Court case: Application by beneficiary for information from trustees – Kruth v Rall NO and Others
The Western Cape High Court refused to order trustees to supply information on application due to disputes of fact unresolvable in application proceedings.
Court case about execution of will and disqualification of heir – Solomon v Solomon and Another
The Western Cape High Court declared a document a will under section 2(3) and a descendant qualified to inherit under section 4A(2)(a) of the Wills Act.
Court case about interpretation of a will – Spangenberg and Others v Engelbrecht NO and Another
The Supreme Court of Appeal recently ruled on extraneous evidence in the interpretation of a will.
Expiry of time for legislative change after Bwanya judgement
The 18 months granted to amend two pieces of legislation after the Bwanya judgement expired. A directive on dealing with deceased estates is awaited.
Court case: recission of order to declare document a will – Lourenco and Another v Lourenco and Others
The Johannesburg High Court rescinded an order declaring a document a will because it was acquired in the absence of interested parties.
Court case about funds “entrusted” to an attorney
The Supreme Court of Appeal (SCA) recently ruled on a deposit into an attorney’s trust fund.
Court case about majority vote in a trust – Shepstone and Wylie Attorneys v Abraham Johannes de Witt N O and Others
The Supreme Court of Appeal (SCA) recently ruled on what powers of a majority of trustees have.
IOL: A problematic case for trustee decision-making which needs fixing
Phia van der Spuy takes a look at a recent court case where the Supreme Court of Appeals interpreted a trust in a certain way.
Court case on validity of electronic signature – FirstRand Bank Limited t/a Wesbank v Govendor
The Gauteng High Court (Jhb) recently ruled an electronic signature in compliance with section 13 of ECTA.
Court case on litigation based on wrong version of trust deed – Cohen NO & Others v D [2023] ZASCA 56
The Supreme Court of Appeal dealt with a situation recently where the litigation was based on the wrong version of a trust deed.
Tech4Law: Fiduciary-related court case summaries by FISA
Court case summaries
Court case about beneficiaries in a trust – N and Others v Maluleke N.O and Others
The Gauteng High Court held that persons who have not yet been selected by the trustees from a list of potential beneficiaries have no interest in the trust property.
Court case on wills and divorce – W v Williams-Ashman N O and Others
The Supreme Court of Appeals confirmed a decision of the Western Cape High Court on section 2B of the Wills Act.