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South Africa Case Law

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Family And Children [2025] ZALMPPHC 4

M.F v M.D.F and Others (8466/2022)

M.F v M.D.F and Others (8466/2022) [2025] ZALMPPHC 4 (28 January 2025)

The High Court ordered joinder of two trustees to a pending divorce action because the trust’s assets may be affected by the proposed redistribution claim.

  • Joinder Of Parties
  • Trust Assets In Divorce
  • Section 7 3 Divorce Act
  • Alter Ego Trust
  • Joinder-of-parties
  • Trust-assets-in-divorce
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Civil Procedure [2018] ZASCA 58

Osborne v Cockin NO and Others (549/2017)

Osborne v Cockin NO and Others (549/2017) [2018] ZASCA 58 (17 May 2018)

The Supreme Court of Appeal dismissed an application to sequestrate a family trust, holding that Osborne had not proved a liquidated claim against the trust or its insolvency.

  • Sequestration
  • Alter Ego Trust
  • Liquidated Claim
  • Rei Vindicatio
  • Alter-ego-trust
  • Liquidated-claim
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Family And Children [2005] ZASCA 116

Badenhorst v Badenhorst (07/2005)

Badenhorst v Badenhorst (07/2005) [2005] ZASCA 116; [2006] 2 All SA 363 (SCA); 2006 (2) SA 255 (SCA) (29 November 2005)

The appeal concerned whether assets in an inter vivos trust should count in a divorce redistribution. The SCA held they should, and increased the award to the wife.

  • Redistribution Order
  • Divorce Act Section 7 3
  • Trust Assets In Divorce
  • Alter Ego Trust
  • Just And Equitable Distribution
  • Divorce-act-section-7-3
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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.