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South Africa Case Law

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Family And Children [2019] ZAGPPHC 135

Outhoff and Another v Kaplan N.O and Others (A85/2017, 69475/2014)

Outhoff and Another v Kaplan N.O and Others (A85/2017, 69475/2014) [2019] ZAGPPHC 135 (28 February 2019)

The High Court held that a mutual will created a massing of estates and put the surviving spouse to an election between adiation and repudiation.

  • Mutual Will Interpretation
  • Massing Of Estates
  • Adiation And Repudiation
  • Doctrine Of Election
  • Freedom Of Testation
  • Mutual-will-interpretation
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Land And Property [2016] ZAGPPHC 715

Outhoff and Another v Kaplan NO and Others (69475/14)

Outhoff and Another v Kaplan NO and Others (69475/14) [2016] ZAGPPHC 715 (17 August 2016)

The High Court held that a mutual will did not clearly show massing of estates, so the plaintiffs’ declaratory action failed and the presumption against massing applied.

  • Interpretation Of Wills
  • Massing Of Estates
  • Freedom Of Testation
  • Adiation And Repudiation
  • Interpretation-of-wills
  • Massing-of-estates
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Administrative Law [2005] ZANCHC 105

Van Rensburg N.O and Others v Master of the High Court, Kimberly Northern Cape Province and Another (448/04)

Van Rensburg N.O and Others v Master of the High Court, Kimberly Northern Cape Province and Another (448/04) [2005] ZANCHC 105 (21 October 2005)

The High Court dismissed a late review of the Master’s directions, finding no sufficient explanation for the delay and no adiation by the insolvent.

  • Insolvency Act Section 111
  • Condonation Of Delay
  • Adiation And Repudiation
  • Promotion Of Administrative Justice Act
  • Waiver By Conduct
  • Adiation-and-repudiation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.