Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015)
Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015) [2023] ZAGPJHC 349 (18 April 2023)
The court found that Nicholas Valasis, through his conduct and correspondence in December 2013, unequivocally accepted (adiated) his inheritance under the will of his late mother, Lulu Valasis. This acceptance was communicated to third parties and formed the basis for contractual undertakings, notably the payment of the arbitrator’s fee. The subsequent written renunciation in April 2014 was ineffective, as the election to adiate is irrevocable once made. The inheritance thus vested in the insolvent estate and must be administered by the trustees for the benefit of creditors. The defendants’ f…
Source excerpt
- Adiation And Renunciation
- Insolvent Estate
- Liquidation And Distribution Account
- Wills Act
- Executor Duties