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South Africa decisions
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Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)
Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.
Mogase v Modiga and Another (69655/2023) [2025] ZAGPPHC 352 (30 April 2025)
The applicant failed to establish a clear or prima facie right to the interdictory relief sought. The deceased left a valid will, which was accepted by the Master and acted upon by the appointed executor, the first respondent. The applicant was not nominated as a beneficiary in the will, and his claim under the Intestate Succession Act cannot stand in the face of the valid will. Even if a customary union existed, any claim would be against the estate, not the respondents personally. The applicant's procedural non-compliance with court directives was noted but did not warrant striking the matt…
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Sabdia N.O and Another v Soma and Another (845/2023) [2024] ZASCA 174; 2025 (4) SA 450 (SCA) (12 December 2024)
The Supreme Court of Appeal held that the will of the late Dr Mahamed Faruk Sabdia expressly authorised the executors to charge and be paid all usual professional fees and other charges for business transacted, time spent, and acts done in connection with the administration of the estate. Section 51(1)(a) of the Administration of Estates Act allows a testator to fix the executor's remuneration, including professional fees. The remuneration clause and clause 5.3 of the will clearly indicated the testator's intention that the executors, including one who was an attorney, and his associates, sho…
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Le Roux v Estate Late Le Roux and Others (2024/070995) [2024] ZAGPJHC 1231 (3 December 2024)
The High Court dismissed an urgent bid for interim control of a deceased estate and company account, imposed punitive costs, and confirmed interim management by the fourth respondent.
Visagie v Bosua N.O and Others (342/2024) [2024] ZAMPMBHC 85 (29 November 2024)
The High Court refused to remove an executor despite delay and statutory non-compliance in administering a deceased estate, finding removal unjustified on the evidence.
Raimondi N.O and Another v Kruger and Others (Reasons) (22271.2023) [2024] ZAWCHC 257 (9 September 2024)
The High Court ordered eviction of occupants from a Gordon’s Bay property, finding no valid sale agreement, no lawful right to remain, and no proven retention lien.
Coetzee v Bosman (A66/2024 ; A67/2024) [2024] ZAWCHC 232 (2 September 2024)
The Magistrate erred in finding that the court lacked jurisdiction to entertain common law claims against a deceased estate. The Administration of Estates Act does not oust the right of creditors to pursue such claims in court. The statutory scheme provides a process for liquidation of estates but does not preclude judicial enforcement of claims. The appeals are upheld, condonation for delay is granted, and the default judgment application in case 239/2021 is remitted for determination on the merits before a different Magistrate.
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Nedbank Limited v Moeletsi N.O and Another (17616-2022) [2024] ZAGPJHC 759 (16 August 2024)
The applicant's cause of action is based on the rei vindicatio, as ownership of the motor vehicle remained with the applicant until all contractual obligations were fulfilled. The applicant did not seek payment but only repossession of the asset. The Administration of Estates Act does not deprive the applicant of its common law right to repossess property from a deceased estate. The claims procedure under the Act is not a bar to such relief. The applicant provided sufficient proof of service of the demand, and the respondent admitted receipt. The authority of the deponent was not properly cha…
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Ningina and Another v Estate Late N.P. and Others (2024/018488) [2024] ZAGPJHC 697 (17 July 2024)
High Court order allowing payment of a minor’s school fees from a deceased estate’s bank account before executor appointment, in the child’s best interests.
Mthembu v Ntsako and Others (2024-021190) [2024] ZAGPPHC 259 (25 March 2024)
Urgent interdict granted partly to stop disposal of estate assets and require executors to respond to a customary-law spouse’s claim to the deceased estate.
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