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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 367

Mailula and Another v Modiba and Another (2022/7692)

Mailula and Another v Modiba and Another (2022/7692) [2023] ZAGPJHC 367 (24 April 2023)

The court postponed an application to remove an executrix, ordered the Master to report on removal steps, and barred further estate action pending that report.

  • Removal Of Executor
  • Administration Of Deceased Estates Act
  • Interim Interdict
  • Locus Standi
  • Maladministration
  • Executrix-removal
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Land And Property [2016] ZAGPPHC 536

Olivier v Master of the High Court and Others (61016.2013)

Olivier v Master of the High Court and Others (61016.2013) [2016] ZAGPPHC 536 (23 April 2016)

The court held that the Master’s removal of an executor was ultra vires for non-compliance with section 54(2), but still appointed the other respondents as executors.

  • Administration Of Deceased Estates Act
  • Removal Of Executor
  • Substantial Vs Strict Compliance
  • Maladministration
  • Fiduciary Duties
  • Executor-removal
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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.