Kruger NO v Goss and another (603/08) [2009] ZASCA 105; 2010 (2) SA 507 (SCA) ; [2010] 1 All SA 422 (SCA) (21 September 2009)

Kruger NO v Goss and another (603/08) [2009] ZASCA 105; 2010 (2) SA 507 (SCA) ; [2010] 1 All SA 422 (SCA) (21 September 2009)

The Supreme Court of Appeal held that an order for rehabilitative maintenance made pursuant to a divorce decree is not enforceable against the deceased estate of the spouse liable to pay. Section 7(2) of the Divorce Act confines the duration of maintenance to the life of the beneficiary spouse, not the life of the paying spouse, and does not create a right to claim maintenance from the estate of a deceased former spouse. The common law position is that the duty of support ends with death, and the Maintenance of Surviving Spouses Act only provides for maintenance claims by surviving spouses, not divorced spouses. The court rejected the argument that rehabilitative maintenance is a distinct...

Citation
[2009] ZASCA 105
Parties
Appellant: Fred Kruger NO; Respondent: Denise Emmerentia Goss; Respondent: Master of the High Court
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 2009
Case Number
603/08
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal upheld; respondent's claim against the deceased estate dismissed.
Judges
NAVSA, BRAND, PONNAN
Legal Topics
Rehabilitative Maintenance, Maintenance Claims Against Deceased Estate, Divorce Act Section 7, Common Law Duty of Support
Family and Children Civil Procedure Rehabilitative Maintenance Maintenance Claims Against Deceased Estate Divorce Act Section 7 Common Law Duty of Support

Case Brief

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Parties

Fred Kruger NO

Appellant

Denise Emmerentia Goss

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Is an order for rehabilitative maintenance, pursuant to a decree of divorce, enforceable against the deceased estate of the spouse liable to pay?
  2. 2 Does section 7(2) of the Divorce Act 70 of 1979 alter the common law position regarding maintenance claims against deceased estates?
  3. 3 Can rehabilitative maintenance be distinguished from other forms of maintenance for the purpose of enforceability against a deceased estate?

Ratio Decidendi

The Supreme Court of Appeal held that an order for rehabilitative maintenance made pursuant to a divorce decree is not enforceable against the deceased estate of the spouse liable to pay. Section 7(2) of the Divorce Act confines the duration of maintenance to the life of the beneficiary spouse, not the life of the paying spouse, and does not create a right to claim maintenance from the estate of a deceased former spouse. The common law position is that the duty of support ends with death, and the Maintenance of Surviving Spouses Act only provides for maintenance claims by surviving spouses, not divorced spouses. The court rejected the argument that rehabilitative maintenance is a distinct...

Court Disposition

Appeal upheld; respondent's claim against the deceased estate dismissed.

Orders

  • The appeal is upheld with costs.
  • The order of the court below is set aside and substituted with: 'The application is dismissed with costs.'