Court Cases
In-depth analysis of landmark court cases in fiduciary law.
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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
The Johannesburg High Court recently ruled on a transfer of fixed property which was sold while already under deed of sale. READ MORE
The Pretoria High Court recently ordered the recognition of a customary marriage after the death of the husband. READ MORE
The South Gauteng High Court held a relationship to be a universal partnership. READ MORE
The Supreme Court of Appeal rejected claims by an executor against the directors of the company of which the deceased was a shareholder. READ MORE
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. READ MORE
The North West High Court ruled that an appointment of trustees in conflict with provisions of the trust deed was invalid. READ MORE
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. READ MORE
The Limpopo High Court (Polokwane) declared a customary marriage valid after considering the requirements for ascertaining the contents of customary law. READ MORE