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South Africa decisions
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Strydom N.O v Jennings and Another (66445/2020) [2025] ZAGPPHC 636 (19 June 2025)
The High Court held that Dr Jennings’ death ended the marriage and joint ownership of the properties, dismissed consolidation with the divorce case, and made the draft order an order of court.
Anderson and Another v Du Plessis N.O and Others (12863/2024) [2025] ZAWCHC 243 (5 June 2025)
The court found that the joint will executed by Harold John Anderson and Karin Renate Anderson was valid and binding in South Africa, as it complied with the requirements of the German Civil Code and section 3bis of the Wills Act. Massing and adiation occurred upon KRA's death, and HJA's acceptance of benefits under the joint will rendered his election irrevocable. Consequently, HJA was precluded from altering the disposition of the massed estate by subsequent wills. The respondents did not dispute the occurrence of massing and adiation or that the massed estate formed part of HJA's South Afr…
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Malatsi v Dikotla N.O and Others (066391/2025) [2025] ZAGPJHC 524 (23 May 2025)
Urgent interim relief to stop administration of a deceased estate was struck off for lack of urgency under Rule 6(12) of the Uniform Rules of Court.
McCann v McCann and Others (D11184/2024) [2025] ZAKZDHC 30 (21 May 2025)
The court held that a widow and sole heir could seek temporary preservation of estate assets before executor appointment, but confirmed relief only against the first respondent.
Bhengu v Chamane and Other (18006/2024P) [2025] ZAKZPHC 48 (7 May 2025)
The High Court ordered the Master to appoint an executor within 14 days and directed the Sheriff to preserve estate vehicles pending administration.
OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (4307/2022) [2025] ZALMPPHC 87 (6 May 2025)
The High Court declared two immovable properties specially executable to satisfy a judgment debt, rejecting non-joinder and estate-administration objections.
Myburg N.O v Moolman and Others (2024/032378) [2025] ZAGPPHC 424 (30 April 2025)
Executor obtained interim relief compelling return of a Porsche from a purchaser who relied on an unsigned estate sale agreement and a disputed agency arrangement.
Silberberg N.O and Another v Theron N.O and Others (Leave to Appeal) (17678/2023) [2025] ZAWCHC 169 (15 April 2025)
The High Court dismissed an application for leave to appeal against the refusal of interdictory relief, finding no reasonable prospects of success or compelling reason.
Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (7 April 2025)
The court found that the applicant failed to establish a proper case for interim maintenance from the deceased estate. Her evidence regarding financial need and quantification of expenses was inconsistent and unsubstantiated. The applicant's bank statements and investment balances indicated she had sufficient means to meet her reasonable maintenance needs. The executor's evidence of a cash shortfall in the estate was not contradicted. Procedural objections raised by the executor, such as premature claim lodgement and non-joinder, were dismissed, but on the merits, the applicant did not discha…
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Turner N.O v Standard Bank of South Africa Limited and Another (9121/2023) [2025] ZAWCHC 177 (3 April 2025)
The court found that Standard Bank acted unlawfully by closing the deceased's accounts and transferring the funds to Johan Botha, who was not the lawfully appointed executor. The applicant was the only valid executor, as confirmed by the Master and the deceased's will. The Bank failed to verify Botha's authority adequately and relied on documents that were fraudulent or irregular. The Bank's refusal to disclose critical documents and its failure to follow proper verification procedures further undermined its position. The law is clear that the Bank is contractually obliged to pay the lawful e…
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