Bekker NO v Mazibuko and Others (1784/2015) [2015] ZAFSHC 155 (18 August 2015)

Bekker NO v Mazibuko and Others (1784/2015) [2015] ZAFSHC 155 (18 August 2015)

The court found that the applicant's appointment as executor had not been lawfully terminated, as only the Master or the court may remove an executor under section 54 of the Administration of Estates Act. The first respondent's unilateral attempt to cancel the applicant's mandate was of no legal effect. The applicant remains obliged to administer the estate and transfer the immovable property to the heirs in accordance with the First and Final Liquidation and Distribution Account and section 39(1) of the Administration of Estates Act. The first respondent's refusal to sign the necessary documents unjustifiably obstructs the administration of the estate. The court ordered the first...

Citation
[2015] ZAFSHC 155
Parties
Applicant: David Botha Bekker N.O.; Respondent: Mathoto Adeline Mazibuko; Respondent: Mmamokete Maria Mokoena; Respondent: Jan Mokoena; Respondent: Mmamokete Maria Mokoena N.O.; Respondent: Mokete Isak Mazibuko; Respondent: Mamokoena Martha Mazibuko; Respondent: Master of the High Court, Bloemfontein; Respondent: Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 August 2015
Case Number
1784/2015
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted in favour of the applicant. Costs awarded against the first respondent.
Judges
R. Mokoena
Legal Topics
Administration of Deceased Estates, Intestate Succession, Transfer of Immovable Property, Executor Removal, Liquidation and Distribution Account
Land and Property Civil Procedure Administration of Deceased Estates Intestate Succession Transfer of Immovable Property Executor Removal Liquidation and Distribution Account

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Parties

David Botha Bekker N.O.

Applicant

Mathoto Adeline Mazibuko

Respondent

Mmamokete Maria Mokoena

Respondent

Jan Mokoena

Respondent

Mmamokete Maria Mokoena N.O.

Respondent

Mokete Isak Mazibuko

Respondent

Mamokoena Martha Mazibuko

Respondent

Master of the High Court, Bloemfontein

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant's mandate as executor has been lawfully terminated by the first respondent.
  2. 2 Whether the applicant, as executor, is obliged to transfer the immovable property to the first to sixth respondents.

Ratio Decidendi

The court found that the applicant's appointment as executor had not been lawfully terminated, as only the Master or the court may remove an executor under section 54 of the Administration of Estates Act. The first respondent's unilateral attempt to cancel the applicant's mandate was of no legal effect. The applicant remains obliged to administer the estate and transfer the immovable property to the heirs in accordance with the First and Final Liquidation and Distribution Account and section 39(1) of the Administration of Estates Act. The first respondent's refusal to sign the necessary documents unjustifiably obstructs the administration of the estate. The court ordered the first...

Court Disposition

Application granted in favour of the applicant. Costs awarded against the first respondent.

Orders

  • The first respondent is ordered to sign within seven days any and all documents necessary for the transfer of the immovable property as described in the First and Final Liquidation and Distribution Account to the first to sixth respondents.
  • If the first respondent fails to comply, the Registrar of the Free State High Court, Bloemfontein, is authorised and directed to sign the necessary documents on her behalf.