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.
The North West High Court ruled that an appointment of trustees in conflict with provisions of the trust deed was invalid.
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.
The Limpopo High Court (Polokwane) declared a customary marriage valid after considering the requirements for ascertaining the contents of customary law.
The Western Cape High Court ordered the Master to set conditions under section 47 of the Estates Act within two months.
The Western Cape High Court refused to order trustees to supply information on application due to disputes of fact unresolvable in application proceedings.
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.
The Supreme Court of Appeal recently ruled on extraneous evidence in the interpretation of a will.
The 18 months granted to amend two pieces of legislation after the Bwanya judgement expired. A directive on dealing with deceased estates is awaited.
The Johannesburg High Court rescinded an order declaring a document a will because it was acquired in the absence of interested parties.
The Supreme Court of Appeal (SCA) recently ruled on a deposit into an attorney’s trust fund.
The Supreme Court of Appeal (SCA) recently ruled on what powers of a majority of trustees have.
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.
The Gauteng High Court (Jhb) recently ruled an electronic signature in compliance with section 13 of ECTA.
The Supreme Court of Appeal dealt with a situation recently where the litigation was based on the wrong version of a trust deed.
Court case summaries
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.
The Supreme Court of Appeals confirmed a decision of the Western Cape High Court on section 2B of the Wills Act.
Fiduciary court cases
The South Gauteng High Court ruled earlier this week that the payee in an electronic funds transfer (EFT) was liable for the loss suffered by the person making the payment…
The Supreme Court of Appeals recently had to determine whether an agreement in which a trust purported to sell a member’s interest in a close corporation was valid.
The Supreme Court of Appeals held recently that the sale by trustees of shares in one company to another company which is controlled by trusts of which two of their…
The Durban High Court refused to condone a will where the witnesses did not sign in each other’s and the testator’s presence.
The Northern Cape High Court had to decide recently whether two spouses died simultaneously in a motor vehicle accident.