Lethoko and Another v Master of the High Court Johannesburg (2022/22404) [2025] ZAGPJHC 106 (8 January 2025)

Lethoko and Another v Master of the High Court Johannesburg (2022/22404) [2025] ZAGPJHC 106 (8 January 2025)

The court found that the executrix was properly appointed after the fraudulent letters of authority were discovered and confiscated, and that the Master subsequently issued legitimate letters of authority. The beneficiary provided a next of kin affidavit and supporting documentation, establishing her status as the sole surviving sibling of the deceased. Although discrepancies existed between two affidavits, the court determined these did not amount to fraud nor did they undermine the beneficiary's entitlement. The Master failed to provide evidence that the beneficiary was not entitled to inherit. The court held that the Master’s decision to transfer the funds to the Guardians Fund was...

Citation
[2025] ZAGPJHC 106
Parties
Applicant: Maki Esther Lethoko N.O.; Applicant: Maki Esther Lethoko; Respondent: Master of the High Court, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 January 2025
Case Number
2022/22404
Procedural Posture
Review Application / Judgment
Outcome
Application granted; Master's decision set aside.
Judges
F. Bezuidenhout
Legal Topics
Review of Master Decision, Intestate Succession, Locus Standi, Guardians Fund Transfer
Administrative Law Civil Procedure Review of Master Decision Intestate Succession Locus Standi Guardians Fund Transfer

Case Brief

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Parties

Maki Esther Lethoko N.O.

Applicant

Maki Esther Lethoko

Applicant

Master of the High Court, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master lawfully transferred the deceased's funds to the Guardians Fund.
  2. 2 Whether the executrix was properly appointed and has locus standi to bring the application.
  3. 3 Whether the beneficiary provided sufficient evidence of entitlement under the Intestate Succession Act.

Ratio Decidendi

The court found that the executrix was properly appointed after the fraudulent letters of authority were discovered and confiscated, and that the Master subsequently issued legitimate letters of authority. The beneficiary provided a next of kin affidavit and supporting documentation, establishing her status as the sole surviving sibling of the deceased. Although discrepancies existed between two affidavits, the court determined these did not amount to fraud nor did they undermine the beneficiary's entitlement. The Master failed to provide evidence that the beneficiary was not entitled to inherit. The court held that the Master’s decision to transfer the funds to the Guardians Fund was...

Court Disposition

Application granted; Master's decision set aside.

Orders

  • The decision of the Master dated 29 April 2021 to transfer R38,771.76 to the Guardians Fund is set aside.
  • The Guardians Fund is ordered to transfer R38,771.76 to the bank account of the second applicant or her attorneys within thirty (30) days of service of this order.