E.S and Another v Kopa and Others (19113/2019) [2021] ZAGPPHC 774 (15 November 2021)

E.S and Another v Kopa and Others (19113/2019) [2021] ZAGPPHC 774 (15 November 2021)

The court found that the applicant failed to establish, on a balance of probabilities, the existence of a universal partnership with the deceased. The evidence presented by the applicant was insufficient and largely consisted of unsubstantiated allegations. The court further held that the applicant did not demonstrate maladministration or any material conflict of interest on the part of the first respondent that would render her unfit to act as executor. The Liquidation and Distribution Account was properly advertised and accessible, and the applicant did not provide specific evidence of discrepancies or improper conduct. Accordingly, the application for removal of the executor and...

Citation
[2021] ZAGPPHC 774
Parties
Applicant: E[....] S[....]; Applicant: E[....] M[....] S[....]; Respondent: KHOFELA ESTHER KOPA; Respondent: THE MASTER OF THE HIGH COURT (PRETORIA); Respondent: MAKULA ASNATH KGOSANA
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 November 2021
Case Number
19113/2019
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Joubert
Legal Topics
Removal of Executor, Universal Partnership, Conflict of Interest, Maintenance Claim, Liquidation and Distribution Account
Civil Procedure Family and Children Land and Property Removal of Executor Universal Partnership Conflict of Interest Maintenance Claim Liquidation and Distribution Account

Case Brief

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Parties

E[....] S[....]

Applicant

E[....] M[....] S[....]

Applicant

KHOFELA ESTHER KOPA

Respondent

THE MASTER OF THE HIGH COURT (PRETORIA)

Respondent

MAKULA ASNATH KGOSANA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the first respondent should be removed as executor of the deceased estate under section 54(1)(a)(v) of the Administration of Estates Act.
  2. 2 Whether the applicant established the existence of a universal partnership with the deceased.
  3. 3 Whether the administration of the estate and the Liquidation and Distribution Account were conducted properly.

Ratio Decidendi

The court found that the applicant failed to establish, on a balance of probabilities, the existence of a universal partnership with the deceased. The evidence presented by the applicant was insufficient and largely consisted of unsubstantiated allegations. The court further held that the applicant did not demonstrate maladministration or any material conflict of interest on the part of the first respondent that would render her unfit to act as executor. The Liquidation and Distribution Account was properly advertised and accessible, and the applicant did not provide specific evidence of discrepancies or improper conduct. Accordingly, the application for removal of the executor and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application.