Court Cases
In-depth analysis of landmark court cases in fiduciary law.
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Article regarding the court case summary on an unsigned will. READ MORE
The North Gauteng High Court recently ordered an unsigned electronic document to be accepted as a will under section 2(3) of the Wills Act. READ MORE
The Western Cape High Court recently ruled that a trustee resignation was effective when the Master was effectively notified. READ MORE
The Western Cape High Court recently removed executors because of conflicts of interest. READ MORE
The Supreme Court of Appeal (SCA) recently ruled against occupiers of a non-residential property. READ MORE
The Constitutional Court held that a capital gain cannot be channelled through more than one trust. READ MORE
The SCA recently ordered a trust to be terminated due to the trust deed not being in accordance with the court order mandating the formation of the trust. READ MORE
The Supreme Court of Appeal (SCA) recently held the removal of a trustee by co-trustees to be valid. READ MORE
The Supreme Court of Appeal confirmed a restraint order under POCA against trust property. READ MORE
The Supreme Court of Appeal overturned a high court judgement which held the payee liable for not alerting the debtor to the risks of electronic payments. READ MORE
The Pretoria High Court recently refused a wide interpretation of legislation. READ MORE
The KwaZulu-Natal high court was called upon to interpret a clause in a trust deed recently. Read more. READ MORE
The Department of Justice issued a media statement late on Friday, 26 April 2024. Read more. READ MORE
The KwaZulu-Natal High Court interpreted another poorly drafted will. Read more. READ MORE
The Johannesburg High Court was called upon to consider the proper interpretation of “… an inelegant and very badly drafted …” will. READ MORE
An executor successfully obtained an eviction order against the occupants of a house which is an asset in a deceased estate. READ MORE