Schepers v Wilhemina N.O. and Others (37609/2021) [2023] ZAGPJHC 235 (16 March 2023)

Schepers v Wilhemina N.O. and Others (37609/2021) [2023] ZAGPJHC 235 (16 March 2023)

The court held that the Plaintiff failed to follow the statutory procedures prescribed by the Administration of Estates Act for objecting to the liquidation and distribution account and for challenging the acceptance of the will by the Master. The particulars of claim did not allege that the Plaintiff had lodged an objection with the Master or that the Master had exercised discretion regarding the later wills. The relief sought by the Plaintiff, including declaratory and mandatory orders, could not be sustained in action proceedings and lacked the necessary averments. The first, second, and fourth grounds of exception were upheld, rendering the particulars of claim excipiable and...

Citation
[2023] ZAGPJHC 235
Parties
Plaintiff: Deborah Christine Schepers; Defendant: Barbara Wilhemina De Jager N.O.; Defendant: Ursula Jager N.O.; Defendant: Master of the High Court, JHB
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 March 2023
Case Number
37609/2021
Procedural Posture
Exception Application / Judgment on Exception
Outcome
Plaintiff's claim dismissed; costs to be costs in the estate.
Judges
M A Makume
Legal Topics
Administration of Estates Act, Exception Procedure, Validity of Wills, Liquidation and Distribution Account
Civil Procedure Land and Property Administration of Estates Act Exception Procedure Validity of Wills Liquidation and Distribution Account

Case Brief

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Parties

Deborah Christine Schepers

Plaintiff

Barbara Wilhemina De Jager N.O.

Defendant

Ursula Jager N.O.

Defendant

Master of the High Court, JHB

Defendant

Procedural Posture

Exception Application / Judgment on Exception

Legal Issues

  1. 1 Whether the Plaintiff's particulars of claim contain the necessary averments to sustain a cause of action for the relief sought.
  2. 2 Whether the Plaintiff followed the correct statutory procedures to challenge the liquidation and distribution account and the acceptance of the will.
  3. 3 Whether the relief sought by the Plaintiff can be granted in action proceedings or only by way of motion proceedings.

Ratio Decidendi

The court held that the Plaintiff failed to follow the statutory procedures prescribed by the Administration of Estates Act for objecting to the liquidation and distribution account and for challenging the acceptance of the will by the Master. The particulars of claim did not allege that the Plaintiff had lodged an objection with the Master or that the Master had exercised discretion regarding the later wills. The relief sought by the Plaintiff, including declaratory and mandatory orders, could not be sustained in action proceedings and lacked the necessary averments. The first, second, and fourth grounds of exception were upheld, rendering the particulars of claim excipiable and...

Court Disposition

Plaintiff's claim dismissed; costs to be costs in the estate.

Orders

  • The Plaintiff’s claim is dismissed.
  • The costs of this application shall be costs in the estate.