Fritz v Fundsatwork Umbrella Pension Fund and Others (2323/2011) [2012] ZAECPEHC 57; 2013 (4) SA 492 (ECP) (28 August 2012)

Fritz v Fundsatwork Umbrella Pension Fund and Others (2323/2011) [2012] ZAECPEHC 57; 2013 (4) SA 492 (ECP) (28 August 2012)

The court found that the applicant's claim for a share in the deceased's pension interest was not sustainable. The applicant failed to obtain an order regarding pension interest at the time of divorce, and the joint estate had already been divided by agreement between the applicant and the deceased. Once the joint estate is divided, a court cannot grant an order deeming a pension interest to be part of the joint estate. The failure to join the executor of the deceased estate would also have been fatal to the application. The application was based on a misapprehension of the facts and the law, and the relief sought was not competent.

Citation
[2012] ZAECPEHC 57
Parties
Applicant: Belinda Fritz; Respondent: Fundsatwork Umbrella Pension Fund; Respondent: Momentum Group Limited; Respondent: Rita Bernadette Fritz; Respondent: Rita Bernadette Fritz N.O. (o.b.o. the minor child B M F)
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 August 2012
Case Number
2323/2011
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
Goosen
Legal Topics
Division of Joint Estate, Pension Interest, Declaratory Relief, Divorce Act Section 7, Joinder of Executor
Family and Children Civil Procedure Division of Joint Estate Pension Interest Declaratory Relief Divorce Act Section 7 Joinder of Executor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Belinda Fritz

Applicant

Fundsatwork Umbrella Pension Fund

Respondent

Momentum Group Limited

Respondent

Rita Bernadette Fritz

Respondent

Rita Bernadette Fritz N.O. (o.b.o. the minor child B M F)

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a half share of the deceased's pension interest as at the date of divorce.
  2. 2 Whether a declaratory order can be granted in terms of section 7(7) of the Divorce Act after the joint estate has been divided.
  3. 3 Whether the failure to join the executor of the deceased estate is fatal to the application.

Ratio Decidendi

The court found that the applicant's claim for a share in the deceased's pension interest was not sustainable. The applicant failed to obtain an order regarding pension interest at the time of divorce, and the joint estate had already been divided by agreement between the applicant and the deceased. Once the joint estate is divided, a court cannot grant an order deeming a pension interest to be part of the joint estate. The failure to join the executor of the deceased estate would also have been fatal to the application. The application was based on a misapprehension of the facts and the law, and the relief sought was not competent.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.