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.
Category: Court Cases
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The Johannesburg High Court rescinded an order declaring a document a will because it was acquired in the absence of interested parties.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.
Tech4Law: Fiduciary-related court case summaries
Fiduciary court cases
Court case about liability for cyber crime – Hawarden v Edward Nathan Sonnenbergs Inc
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…
Court case about trustees (or a trust?) holding member’s interest in a CC – Mellet N O and Others v Vermeulen and Another
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.
Court case about trustees selling trust property to trusts of which they are beneficiaries – Kuttel v Master of the High Court and Others [2022] ZASCA 156
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…
Court case about section 2(3) of the Wills Act, 7 of 1953 – Delport v Le Roux and Others [2022] ZAKZDHC 51
The Durban High Court refused to condone a will where the witnesses did not sign in each other’s and the testator’s presence.
Court case – simultaneous death (commorientes) – Liberty Group Ltd v Cornelius N.O and Another
The Northern Cape High Court had to decide recently whether two spouses died simultaneously in a motor vehicle accident.