South Africa Case Law

B F v R F (2017/5018A)

B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/5018A

Judges

Sutherland, Matojane, Siwendu

The majority held that clause 4 of the ante-nuptial contract, properly interpreted in light of section 4(1)(b)(ii) of the Matrimonial Property Act, excludes only those assets possessed by the husband at the commencement of the marriage. The text and structure of the clause, as well as the statutory scheme, do not permit the exclusion of assets acquired after marriage unless they are the fruits of the initial excluded assets and this is specifically alleged and proved. The majority found that the additional shares and increased loan account balances acquired during the marriage are subject to…

Source excerpt

• Matrimonial Property Act
• Accrual System
• Ante Nuptial Contract Interpretation
• Excluded Assets
• Contractual Intention

Barnard NO v Van der Merwe (7706/2007 – A767/2009)

Barnard NO v Van der Merwe (7706/2007 – A767/2009) [2011] ZAGPPHC 228; 2012 (3) SA 304 (GNP) (2 December 2011)

Court

North Gauteng High Court, Pretoria

Case number

7706/2007 – A767/2009

Judges

EM Makgoba, E Bertelsmann, FG Preller

The High Court held that a surviving spouse had to lodge and prove an accrual claim against the deceased estate, and excluded several assets from the accrual calculation.

• Matrimonial Property Act
• Accrual System
• Estate Administration
• Late Claims
• Ante Nuptial Contract Interpretation
• Accrual-system