Nage v Absa Bank Limited and Others (29775/2020) [2020] ZAGPPHC 792 (29 December 2020)

Nage v Absa Bank Limited and Others (29775/2020) [2020] ZAGPPHC 792 (29 December 2020)

The court found that the first and second respondents' failure to provide requested information and affidavits regarding the Will's execution and safekeeping, despite repeated requests from the applicant and her attorneys, necessitated the launching of the application. Their conduct, including making and then withdrawing proposals to assist, was not consistent with a litigant seeking to avoid unnecessary litigation and costs. The court held that, had the respondents complied with the applicant's requests as early as March 2020, the opposed application would not have been necessary. The court further found that the applicant was justified in seeking confirmation that the copy of the Will...

Citation
[2020] ZAGPPHC 792
Parties
Applicant: Pontsho Jeanette Nage; Respondent: Absa Bank Limited; Respondent: Absa Trust Limited; Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 December 2020
Case Number
29775/2020
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted. The third respondent is ordered to accept the copy of the Will for estate administration purposes. The first and second respondents are ordered to pay the costs of the application jointly and severally.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Lost Will, Administration of Estates, Costs Order
Civil Procedure Land and Property Lost Will Administration of Estates Costs Order

Case Brief

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Parties

Pontsho Jeanette Nage

Applicant

Absa Bank Limited

Respondent

Absa Trust Limited

Respondent

Master of the High Court

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the third respondent should accept a copy of the Will as valid for estate administration purposes.
  2. 2 Whether the first and second respondents should be liable for the costs of the application.

Ratio Decidendi

The court found that the first and second respondents' failure to provide requested information and affidavits regarding the Will's execution and safekeeping, despite repeated requests from the applicant and her attorneys, necessitated the launching of the application. Their conduct, including making and then withdrawing proposals to assist, was not consistent with a litigant seeking to avoid unnecessary litigation and costs. The court held that, had the respondents complied with the applicant's requests as early as March 2020, the opposed application would not have been necessary. The court further found that the applicant was justified in seeking confirmation that the copy of the Will...

Court Disposition

Application granted. The third respondent is ordered to accept the copy of the Will for estate administration purposes. The first and second respondents are ordered to pay the costs of the application jointly and severally.

Orders

  • The third respondent is ordered to accept the copy of the Will bearing Will number 41027374817 for purposes of the Administration of Estates Act, 66 of 1965, as a will.
  • The first and second respondents are ordered to pay the costs of the application jointly and severally, the one paying the other to be absolved.