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South Africa decisions
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Hariparsad v Hariparsad and Others (2025/27341) [2025] ZAGPJHC 320 (24 March 2025)
The High Court partly granted interim relief in a dispute over a challenged will and company membership changes, but dismissed most of the applicant’s requests.
K.M v Master of the High Court: Free State, Bloemfontein and Others (592/2024) [2025] ZAFSHC 22 (28 January 2025)
The High Court dismissed an application to have an unsigned 2018 draft declared the deceased’s will under section 2(3) of the Wills Act, finding no proof of testamentary intent.
Sauer v Pollock NO and Others (2024/107486) [2024] ZAGPJHC 1079 (24 October 2024)
Urgent application struck off where the challenged will was already rejected by the Master, and no basis was shown to set aside the executrix appointment.
Molokane v Williams and Others (2015/12381) [2023] ZAGPJHC 1210 (24 October 2023)
The court found, on the balance of probabilities, that both the applicant and the first respondent had valid customary marriages with the deceased, each complying with the requirements of section 3 of the Recognition of Customary Marriages Act. The evidence supporting the first respondent's marriage was coherent and corroborated by multiple witnesses and documentary proof of lobola negotiations and ceremonies. The applicant's evidence was found unreliable and inconsistent with her affidavit. As the second marriage was not sanctioned by the court in terms of section 7(6), it is valid but out o…
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Mankayi v Minister of Home Affairs and Others (3146/2020P) [2021] ZAKZPHC 43 (2 July 2021)
The court held that a customary marriage existed, ordered its registration, and terminated the executrix’s appointment in the deceased estate.
Le Grange v Barkhuizen and Others (2620/2020) [2021] ZAFSHC 12 (4 February 2021)
The court held that the 2 April 2018 will was the testator’s last valid will, declared the applicant competent under section 4A, and dismissed the counter-application.
FNB Fiduciary (Pty) Ltd N.O v Anappa and Others (D2913/2018) [2019] ZAKZDHC 17; [2020] 1 All SA 163 (KZD) (10 September 2019)
The court found that the appointment of the fifth respondent as executrix by the Master, although irregular due to the existence of a will, was valid until the letters of executorship were surrendered and the applicant was appointed. There was no evidence of fraud or misrepresentation by the fifth respondent; she acted bona fide, believing the deceased died intestate. The administrative act of the Master stands until set aside, and transactions performed under such authority are valid. The sale and transfer of the member’s interest in MN Pillay Properties Investments CC to the first responden…
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Dikgale v Master of the High Court, Polokwane and Others (21381/11) [2013] ZAGPPHC 85 (26 March 2013)
The court held that diary extracts written and signed by the deceased satisfied section 2(3) of the Wills Act and could be accepted as her will.
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