Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955) [2022] ZAGPJHC 346; 2022 (6) SA 408 (GJ) (19 May 2022)

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955) [2022] ZAGPJHC 346; 2022 (6) SA 408 (GJ) (19 May 2022)

The court held that the proceeds of the Liberty Life Policy did not form part of the joint estate, as the rights to the death benefit only arose after the death of the insured, at which point the joint estate ceased to exist. The Master of the High Court erred in treating the policy proceeds as joint estate assets and failed to apply the correct legal principles and case law. The third respondent's argument based on insurable interest was rejected, as entitlement to policy proceeds depends on nomination or succession law, not merely on insurable interest arising from marriage. The application for condonation was granted, as the delay was reasonable and not prejudicial. The application to...

Citation
[2022] ZAGPJHC 346
Parties
Applicant: Maqubela, Duma; Applicant: Singaphi, Patiwe; Respondent: The Master of the Gauteng Local Division, Johannesburg; Respondent: Van Heerden, Barend, nomine officio; Respondent: Maqubela, Thandi Sheryl; Respondent: Maqubela, Athenkosi; Respondent: Maqubela, Ncane Skhethucwaka
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 May 2022
Case Number
2018/40955
Procedural Posture
Review Application / Judgment After Hearing on Merits, Condonation, and Interlocutory Applications
Outcome
The review application succeeds in part; the Master's decision is set aside and the proceeds of the Liberty Life Policy are excluded from the joint estate and must be distributed in terms of the Intestate Succession Act. The application to declare the third respondent unworthy to inherit is dismissed. Condonation...
Judges
Moorcroft
Legal Topics
Administration of Estates Act, Community of Property, Life Policy Proceeds, Intestate Succession Act, Unworthiness to Inherit, Law of Evidence
Civil Procedure Family and Children Land and Property Administration of Estates Act Community of Property Life Policy Proceeds Intestate Succession Act Unworthiness to Inherit +1 more

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Parties

Maqubela, Duma

Applicant

Singaphi, Patiwe

Applicant

The Master of the Gauteng Local Division, Johannesburg

Respondent

Van Heerden, Barend, nomine officio

Respondent

Maqubela, Thandi Sheryl

Respondent

Maqubela, Athenkosi

Respondent

Maqubela, Ncane Skhethucwaka

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Merits, Condonation, and Interlocutory Applications

Legal Issues

  1. 1 Whether the proceeds of Liberty Life Policy No. 561 102 7785 00 form part of the joint estate of the deceased and the third respondent.
  2. 2 Whether the Master of the High Court's decision refusing to sustain the applicants' objection under section 37 of the Administration of Estates Act was lawful and rational.
  3. 3 Whether the third respondent should be declared unworthy to inherit under the Intestate Succession Act due to her conviction for forgery and fraud.

Ratio Decidendi

The court held that the proceeds of the Liberty Life Policy did not form part of the joint estate, as the rights to the death benefit only arose after the death of the insured, at which point the joint estate ceased to exist. The Master of the High Court erred in treating the policy proceeds as joint estate assets and failed to apply the correct legal principles and case law. The third respondent's argument based on insurable interest was rejected, as entitlement to policy proceeds depends on nomination or succession law, not merely on insurable interest arising from marriage. The application for condonation was granted, as the delay was reasonable and not prejudicial. The application to...

Court Disposition

The review application succeeds in part; the Master's decision is set aside and the proceeds of the Liberty Life Policy are excluded from the joint estate and must be distributed in terms of the Intestate Succession Act. The application to declare the third respondent unworthy to inherit is dismissed. Condonation...

Orders

  • The applicants' failure to launch the application within thirty days is condoned.
  • The third respondent's application for postponement is dismissed.