Pienaar and Another v Meester van die Vrystaat Hooggeregshof, Bloemfontein and Anders (365/2010) [2010] ZAFSHC 41 (22 April 2010)

Pienaar and Another v Meester van die Vrystaat Hooggeregshof, Bloemfontein and Anders (365/2010) [2010] ZAFSHC 41 (22 April 2010)

The court found that the settlement agreement did not expressly provide for the maintenance obligation to survive the death of the deceased. The clause relied upon by the second respondent only dealt with continued membership on the medical fund and did not create a right to claim all future medical expenses from the estate. Under South African law, unless the agreement clearly stipulates that the obligation continues after death, no such claim arises. The executor is therefore not obliged to allow the second respondent's medical claim in the liquidation and distribution account, and the estate must be amended accordingly.

Citation
[2010] ZAFSHC 41
Parties
Applicant: Nelri Pienaar; Applicant: Chrismari Steven; Respondent: Meester van die Vrystaat Hooggeregshof, Bloemfontein; Respondent: Cynthia Merle du Toit; Respondent: Suzette Malherbe (as nominee of Sanlam Trust BK, executor in the estate late F J du Toit, NR 8466/2007); Respondent: Derick du Toit
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 April 2010
Case Number
365/2010
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application granted. The executor is ordered not to allow the second respondent's medical claim against the estate, and the liquidation and distribution account must be amended accordingly.
Judges
Kruger, R
Legal Topics
Maintenance After Divorce, Estate Claims, Akte Van Dading Interpretation, Medical Fund Entitlement
Family and Children Civil Procedure Maintenance After Divorce Estate Claims Akte Van Dading Interpretation Medical Fund Entitlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nelri Pienaar

Applicant

Chrismari Steven

Applicant

Meester van die Vrystaat Hooggeregshof, Bloemfontein

Respondent

Cynthia Merle du Toit

Respondent

Suzette Malherbe (as nominee of Sanlam Trust BK, executor in the estate late F J du Toit, NR 8466/2007)

Respondent

Derick du Toit

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether the second respondent has a valid claim for future medical expenses against the estate of her late ex-husband.
  2. 2 Whether the executor is obliged to allow the second respondent's medical claim in the liquidation and distribution account.
  3. 3 Whether the wording of the settlement agreement (akte van dading) creates an obligation on the estate to continue medical fund payments after death.

Ratio Decidendi

The court found that the settlement agreement did not expressly provide for the maintenance obligation to survive the death of the deceased. The clause relied upon by the second respondent only dealt with continued membership on the medical fund and did not create a right to claim all future medical expenses from the estate. Under South African law, unless the agreement clearly stipulates that the obligation continues after death, no such claim arises. The executor is therefore not obliged to allow the second respondent's medical claim in the liquidation and distribution account, and the estate must be amended accordingly.

Court Disposition

Application granted. The executor is ordered not to allow the second respondent's medical claim against the estate, and the liquidation and distribution account must be amended accordingly.

Orders

  • The third respondent is ordered not to allow the second respondent's maintenance claim for medical expenses in the amount of R470,617.00 as a claim against the estate of the late F J du Toit and to amend the first and final liquidation and distribution account accordingly.
  • The costs of the application are payable by the estate of the late F J du Toit.