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Court case: Van Rooyen Friedrich & others v Louw Smit NO & others [2017] ZASCA 19

In this judgement of the Supreme Court of Appeals on 23 March 2017 the court dealt with the procedure followed by an executor when faced with a claim for maintenance by a surviving spouse under the Maintenance of Surviving Spouses Act, 27 of 1990.  The executor rejected the claim because of the quantum claimed, but apparently irregularly paid an amount of R3m to the surviving spouse in a marriage which lasted only three years.  The court dealt with what a survivor must prove for the claim to succeed, as well as to determine the quantum of the claim.  Click here for the full judgement.

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