Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06) [2008] ZAWCHC 35; [2008] 4 All SA 549 (C) 2009 (6) SA 42 (C) (19 June 2008)

Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06) [2008] ZAWCHC 35; [2008] 4 All SA 549 (C) 2009 (6) SA 42 (C) (19 June 2008)

The court found that Mrs. De Wet, having conspired to grievously assault the deceased and actively facilitated the attack, is unworthy to benefit from the life insurance policies or the deceased's estate. Public policy precludes her from claiming the proceeds, even though she did not intend or foresee the death. The maxim excluding unworthy heirs applies, and her conduct offends the boni mores of society. The court further held that the proceeds of the policies do not form part of the joint estate, as the rights only arise upon death, which terminates the joint estate. Additionally, Mrs. De Wet's claim against Old Mutual has prescribed, as prescription began running from the date of...

Citation
[2008] ZAWCHC 35
Parties
Applicant: Louise Ellen Danielz N.O.; Respondent: Petroleen Maureen De Wet; Respondent: Von Lieres Cooper Barlow Attorneys; Respondent: Old Mutual Life Assurance Co (PTY) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 June 2008
Case Number
2944/06
Procedural Posture
Civil Application / Judgment on Main and Counter Application
Outcome
Application granted; counter application dismissed with costs.
Judges
Traverso
Legal Topics
Insurance Beneficiary Entitlement, Public Policy Exclusion, Prescription of Claims, Unworthiness to Inherit
Civil Procedure Commercial and Corporate Insurance Beneficiary Entitlement Public Policy Exclusion Prescription of Claims Unworthiness to Inherit

Case Brief

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Parties

Louise Ellen Danielz N.O.

Applicant

Petroleen Maureen De Wet

Respondent

Von Lieres Cooper Barlow Attorneys

Respondent

Old Mutual Life Assurance Co (PTY) Ltd

Respondent

Procedural Posture

Civil Application / Judgment on Main and Counter Application

Legal Issues

  1. 1 Whether Mrs. De Wet is entitled to the proceeds of the deceased's life insurance policies.
  2. 2 Whether Mrs. De Wet is unworthy to inherit under the deceased's will or by virtue of her interest in the joint estate.
  3. 3 Whether Mrs. De Wet's claim against Old Mutual has prescribed.

Ratio Decidendi

The court found that Mrs. De Wet, having conspired to grievously assault the deceased and actively facilitated the attack, is unworthy to benefit from the life insurance policies or the deceased's estate. Public policy precludes her from claiming the proceeds, even though she did not intend or foresee the death. The maxim excluding unworthy heirs applies, and her conduct offends the boni mores of society. The court further held that the proceeds of the policies do not form part of the joint estate, as the rights only arise upon death, which terminates the joint estate. Additionally, Mrs. De Wet's claim against Old Mutual has prescribed, as prescription began running from the date of...

Court Disposition

Application granted; counter application dismissed with costs.

Orders

  • Mrs. De Wet is not entitled to, and has no claim in respect of, the proceeds of the specified life insurance policies taken out by the deceased.
  • The proceeds of the life policies do not form part of the joint estate of the deceased and Mrs. De Wet.