Da Silva and Another v Da Silva N.O and Others (2498/07, 4247/07) [2008] ZAWCHC 9 (19 February 2008)

Da Silva and Another v Da Silva N.O and Others (2498/07, 4247/07) [2008] ZAWCHC 9 (19 February 2008)

The court found that the true market value of the estate as at the date of death was R160,000, exceeding the section 18(3) threshold. The Master was misled by the municipal valuation and failed to revoke the appointment once the higher value was established. The section 42(2) certificate was improperly granted in the face of a valid objection and was not applicable to section 18(3) estates. The sale agreement and the appointment of the first respondent were set aside. The first respondent was ordered to pay costs de bonis propriis for acting without authority and exposing the estate to unnecessary costs. The applicants were denied costs for the present application due to their...

Citation
[2008] ZAWCHC 9
Parties
Applicant: Valerie Mabel Da Silva; Applicant: Valentia Da Silva; Respondent: Matthews Joseph Da Silva N.O.; Respondent: Donald Clifford Wichman; Respondent: Wilna Joy Wichman; Respondent: Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 February 2008
Case Number
2498/07, 4247/07
Procedural Posture
Review Application / Final Judgment
Outcome
Application granted in part; appointment of first respondent and sale agreement set aside; costs order made against first respondent de bonis propriis; each party to pay own costs in the main application.
Judges
Zondi
Legal Topics
Administration of Estates Act, Review of Administrative Action, Estate Valuation, Section 18 Appointment, Section 42 Certificate
Administrative Law Land and Property Administration of Estates Act Review of Administrative Action Estate Valuation Section 18 Appointment Section 42 Certificate

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Parties

Valerie Mabel Da Silva

Applicant

Valentia Da Silva

Applicant

Matthews Joseph Da Silva N.O.

Respondent

Donald Clifford Wichman

Respondent

Wilna Joy Wichman

Respondent

Master of the High Court

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 What is the fair market value of the estate of the Late Elizabeth da Silva as at the date of her death.
  2. 2 Whether the Master of the High Court's appointment of the first respondent in terms of section 18(3) of the Administration of Estates Act should be reviewed and set aside.

Ratio Decidendi

The court found that the true market value of the estate as at the date of death was R160,000, exceeding the section 18(3) threshold. The Master was misled by the municipal valuation and failed to revoke the appointment once the higher value was established. The section 42(2) certificate was improperly granted in the face of a valid objection and was not applicable to section 18(3) estates. The sale agreement and the appointment of the first respondent were set aside. The first respondent was ordered to pay costs de bonis propriis for acting without authority and exposing the estate to unnecessary costs. The applicants were denied costs for the present application due to their...

Court Disposition

Application granted in part; appointment of first respondent and sale agreement set aside; costs order made against first respondent de bonis propriis; each party to pay own costs in the main application.

Orders

  • It is declared that the value of the Estate Late Elizabeth da Silva was in excess of R125,000 on the date of her death, 26 July 2004.
  • The appointment of the first respondent dated 3 August 2005 as representative of the Master to take control of the assets of the Estate Late Elizabeth da Silva in terms of section 18(3) of the Administration of Estates Act 66 of 1965 is reviewed and set aside.