Sauer v Pollock NO and Others (2024/107486) [2024] ZAGPJHC 1079 (24 October 2024)

Sauer v Pollock NO and Others (2024/107486) [2024] ZAGPJHC 1079 (24 October 2024)

The court found that the 11 April 2024 will, signed by the curator, was invalid and that the Master's rejection of this will rendered any declaration of invalidity unnecessary. The appointment of Ms. Pollock as executrix was based on the Master's determination that Mr. Burger died intestate, which was not challenged before the court. The court declined to anticipate the Master's acceptance of the 24 March 2022 will, holding that it was for the Master to examine and act upon that will. There was no evidence of urgency or risk to the estate justifying judicial intervention. Accordingly, the application was struck from the roll and each party was ordered to pay their own costs.

Citation
[2024] ZAGPJHC 1079
Parties
Applicant: Elmarie Sauer; Respondent: Mandy Pollock NO; Respondent: ABSA Trust Limited; Respondent: Master of the High Court, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 October 2024
Case Number
2024/107486
Procedural Posture
Urgent Application / Application Struck From Urgent Roll; Reasons Delivered
Outcome
Application struck from the urgent roll; each party to pay their own costs.
Judges
S D J Wilson
Legal Topics
Validity of Wills, Curatorship, Urgent Interdict, Appointment of Executrix
Civil Procedure Family and Children Validity of Wills Curatorship Urgent Interdict Appointment of Executrix

Case Brief

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Parties

Elmarie Sauer

Applicant

Mandy Pollock NO

Respondent

ABSA Trust Limited

Respondent

Master of the High Court, Johannesburg

Respondent

Procedural Posture

Urgent Application / Application Struck From Urgent Roll; Reasons Delivered

Legal Issues

  1. 1 Whether the 11 April 2024 will signed by the curator was valid.
  2. 2 Whether the appointment of Ms. Pollock as executrix should be set aside.
  3. 3 Whether there was urgency justifying intervention by the court.

Ratio Decidendi

The court found that the 11 April 2024 will, signed by the curator, was invalid and that the Master's rejection of this will rendered any declaration of invalidity unnecessary. The appointment of Ms. Pollock as executrix was based on the Master's determination that Mr. Burger died intestate, which was not challenged before the court. The court declined to anticipate the Master's acceptance of the 24 March 2022 will, holding that it was for the Master to examine and act upon that will. There was no evidence of urgency or risk to the estate justifying judicial intervention. Accordingly, the application was struck from the roll and each party was ordered to pay their own costs.

Court Disposition

Application struck from the urgent roll; each party to pay their own costs.

Orders

  • The application is struck from the roll.
  • Each party is ordered to pay their own costs.