Khuzwayo v Tshinavhe NO and Others (37347/2015) [2018] ZAGPJHC 514 (17 August 2018)

Khuzwayo v Tshinavhe NO and Others (37347/2015) [2018] ZAGPJHC 514 (17 August 2018)

The applicant failed to establish locus standi as he is neither the biological nor adopted child of the deceased, nor a beneficiary under a valid Will. The evidence did not support his claim to inherit, and the challenged Will was not proven to be forged. The law requires a direct and substantial interest for locus standi, which the applicant did not demonstrate. The executor, duly appointed, is the proper representative of the estate. Accordingly, the application was dismissed on the basis of lack of locus standi.

Citation
[2018] ZAGPJHC 514
Parties
Applicant: Simon Bonagele Khuzwayo; Respondent: Elizabeth Tshinavhe N.O; Respondent: The Master of the High Court; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2018
Case Number
37347/2015
Procedural Posture
Review Application / Opposed Motion; Judgment
Outcome
Application dismissed with costs.
Judges
M B Mahalelo
Legal Topics
Locus Standi, Intestate Succession, Validity of Will, Executor Appointment
Civil Procedure Land and Property Locus Standi Intestate Succession Validity of Will Executor Appointment

Case Brief

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Parties

Simon Bonagele Khuzwayo

Applicant

Elizabeth Tshinavhe N.O

Respondent

The Master of the High Court

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Review Application / Opposed Motion; Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to challenge the Last Will and Testament of Mrs Khuzwayo.
  2. 2 Whether the Last Will and Testament of Mrs Khuzwayo is valid or was forged.
  3. 3 Whether the applicant is entitled to inherit from the estate of Mrs Khuzwayo.

Ratio Decidendi

The applicant failed to establish locus standi as he is neither the biological nor adopted child of the deceased, nor a beneficiary under a valid Will. The evidence did not support his claim to inherit, and the challenged Will was not proven to be forged. The law requires a direct and substantial interest for locus standi, which the applicant did not demonstrate. The executor, duly appointed, is the proper representative of the estate. Accordingly, the application was dismissed on the basis of lack of locus standi.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.