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South Africa decisions
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Jagers v Pienaar and Others (4108/2023) [2025] ZAECMKHC 3 (23 January 2025)
The High Court held that a handwritten “Will Questionnaire” satisfied section 2(3) of the Wills Act and must be accepted as the deceased’s will.
Sihlali v Registrar of Deeds and Others (2517/2023) [2024] ZAECMHC 85 (24 October 2024)
The High Court directed the Master of the High Court to exercise statutory discretion and appoint an executor for a deceased estate within 30 days.
Z.M v P.M and Others (21/27860) [2024] ZAGPJHC 1006 (4 October 2024)
The High Court declared an alleged customary marriage void, removed the first respondent as executrix, and appointed the applicant’s attorneys to administer the estate.
Nieman v Master of the High Court and Others (UM 228/2023) [2024] ZANWHC 173 (10 July 2024)
The court held that it does not have the power, either at common law or under the Administration of Estates Act, to interdict and restrain the Master from appointing a nominated executor testamentary. The statutory scheme vests the discretion to appoint executors in the Master, subject only to specific grounds for refusal set out in the Act. The court’s power to remove an executor for undesirability arises only after appointment, not before. The applicant failed to follow the prescribed procedure for objecting to the appointment with the Master and did not satisfy the requirements for a final…
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Ncelekazi v Master of the High Court, Mthatha and Others (1481/2020) [2023] ZAECMHC 48 (14 September 2023)
The High Court set aside the Assistant Master’s appointment of a co-executor, holding that section 18 did not permit it on these facts and that the process was procedurally unfair.
Richfield Body Corporate v Mpofu and Another (2021/58945) [2023] ZAGPJHC 264 (23 March 2023)
The court granted final sequestration against the first respondent and extended the rule nisi for the deceased second respondent pending appointment of an executor.
Dlamini v Nchupetsang N.O and Others In re: Nchupetsang N.O v Dlamini and Others (22496/2020) [2021] ZAGPJHC 806 (5 November 2021)
The High Court dismissed Shantel Dlamini’s rescission application, holding that the customary-marriage issue was res judicata and the alleged will was not proved.
Phalala and Another v Mashamaite and Another (87755/2190) [2021] ZAGPPHC 242 (26 April 2021)
The High Court dismissed a review of an executor’s appointment for lack of locus standi, holding the applicants had no direct and substantial interest in the estate.
Billings v Master of High Court of Johannesburg and Others (24039/2015) [2021] ZAGPJHC 81 (11 January 2021)
The court found that the deceased's conduct and instructions to Legatus Trust demonstrated her clear intention to revoke the earlier will and provide for all her children, particularly her son Walter Campbell. The document marked 'SA2', though unsigned, reflected the deceased's final wishes and instructions. Section 2(3) of the Wills Act allows the court to declare such a document as a valid will if the testator's intention is established. The court held that the formalities of section 2(1) should not frustrate the deceased's genuine intention. The evidence showed that the deceased no longer…
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Mothupi v Master of High Court, Mahikeng and Others (UM99/2020) [2020] ZANWHC 44 (28 July 2020)
The High Court set aside the Master’s executor appointments, held the matter urgent, directed appointment of the applicant as executor, and dismissed a counter-application.
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