Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606-2023) [2024] ZAGPJHC 155 (19 February 2024)

Mohanoe and Others v Master of the High Court, Johannesburg and Others (017606-2023) [2024] ZAGPJHC 155 (19 February 2024)

Neither the typed nor handwritten Will complied with the formal requirements of the Wills Act, as neither was signed by two witnesses. The applicants failed to provide sufficient evidence to establish which Will was executed last or to justify condonation of non-compliance. The Master’s decision to reject both Wills was found to be correct. The first applicant, as executrix, was conflicted due to her active role in litigation and her law firm’s involvement, making it undesirable for her to continue as executrix. The procedural points in limine were not sustained due to lack of prejudice and the need to resolve the matter expeditiously. The application and counter application were...

Citation
[2024] ZAGPJHC 155
Parties
Applicant: Mahlape Mohanoe N.O.; Applicant: Sibongile Ntando Skele; Applicant: Nkosinathi Siphiwe Mashinini; Applicant: Zanele Busisiwe Mashinini; Applicant: Rachel Sibongile Gama; Respondent: The Master of the High Court, Johannesburg; Respondent: Busisiwe Sharon Mashinini; Respondent: Nelisiwe Ora Hlatswayo; Respondent: Siphiwe Madlala
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 February 2024
Case Number
017606/2023
Procedural Posture
Review Application / Judgment
Outcome
Application and counter application dismissed. First applicant removed as executrix. Master directed to appoint another executor/executrix. Each party to pay their own legal costs; estate not liable for any party’s costs.
Judges
Noko
Legal Topics
Wills Act Section 2 3, Removal of Executor, Condonation of Late Filing, Lis Pendens, Estate Administration
Civil Procedure Family and Children Wills Act Section 2 3 Removal of Executor Condonation of Late Filing Lis Pendens Estate Administration

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Parties

Mahlape Mohanoe N.O.

Applicant

Sibongile Ntando Skele

Applicant

Nkosinathi Siphiwe Mashinini

Applicant

Zanele Busisiwe Mashinini

Applicant

Rachel Sibongile Gama

Applicant

The Master of the High Court, Johannesburg

Respondent

Busisiwe Sharon Mashinini

Respondent

Nelisiwe Ora Hlatswayo

Respondent

Siphiwe Madlala

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court should be directed to accept either the typed or handwritten Will as the last Will and Testament of the deceased.
  2. 2 Whether the first applicant should be removed as executrix and replaced.
  3. 3 Whether the second respondent's obstructive conduct warrants an interdict.

Ratio Decidendi

Neither the typed nor handwritten Will complied with the formal requirements of the Wills Act, as neither was signed by two witnesses. The applicants failed to provide sufficient evidence to establish which Will was executed last or to justify condonation of non-compliance. The Master’s decision to reject both Wills was found to be correct. The first applicant, as executrix, was conflicted due to her active role in litigation and her law firm’s involvement, making it undesirable for her to continue as executrix. The procedural points in limine were not sustained due to lack of prejudice and the need to resolve the matter expeditiously. The application and counter application were...

Court Disposition

Application and counter application dismissed. First applicant removed as executrix. Master directed to appoint another executor/executrix. Each party to pay their own legal costs; estate not liable for any party’s costs.

Orders

  • The application and the counter application, subject to order 2 below, are dismissed.
  • The first applicant is removed as executrix and the Master of the High Court, Johannesburg is directed to appoint another executor/executrix.