Ndamase and Others v Master of the High Court, Mthatha and Others (1279/2015) [2015] ZAECMHC 83 (26 November 2015)

Ndamase and Others v Master of the High Court, Mthatha and Others (1279/2015) [2015] ZAECMHC 83 (26 November 2015)

The applicants failed to establish a clear right to be joined as co-heirs in the estate of their deceased brother. The Intestate Succession Act 81 of 1987 prescribes that the surviving spouse inherits the estate where there are no descendants. The applicants, as sisters, do not qualify as descendants and thus have no entitlement under the Act. The previous judgment regarding the mother’s estate stands, and the applicants’ constitutional challenge to the legislation was already addressed and dismissed. The point of law raised by the respondents is dispositive, and the application must be dismissed.

Citation
[2015] ZAECMHC 83
Parties
Applicant: Thozama Khonzaphi Ndamase & 3 Others; Respondent: Master of the High Court, Mthatha; Respondent: Estate of Ndoyisile Major Konzapi; Respondent: Third Respondent (wife of deceased); Respondent: Fourth Respondent
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
1279/2015
Procedural Posture
Civil Application / Opposed Motion; Final Determination
Outcome
Application dismissed with costs.
Judges
RWN Brooks
Legal Topics
Intestate Succession, Final Interdict, Clear Right Requirement
Family and Children Civil Procedure Intestate Succession Final Interdict Clear Right Requirement

Case Brief

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Parties

Thozama Khonzaphi Ndamase & 3 Others

Applicant

Master of the High Court, Mthatha

Respondent

Estate of Ndoyisile Major Konzapi

Respondent

Third Respondent (wife of deceased)

Respondent

Fourth Respondent

Respondent

Procedural Posture

Civil Application / Opposed Motion; Final Determination

Legal Issues

  1. 1 Whether the applicants are entitled to be joined as co-heirs in the estate of the deceased brother.
  2. 2 Whether the refusal to join the applicants as heirs is wrongful and unlawful.
  3. 3 Whether any document disinheriting the applicants is unlawful and without legal force.

Ratio Decidendi

The applicants failed to establish a clear right to be joined as co-heirs in the estate of their deceased brother. The Intestate Succession Act 81 of 1987 prescribes that the surviving spouse inherits the estate where there are no descendants. The applicants, as sisters, do not qualify as descendants and thus have no entitlement under the Act. The previous judgment regarding the mother’s estate stands, and the applicants’ constitutional challenge to the legislation was already addressed and dismissed. The point of law raised by the respondents is dispositive, and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.