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South Africa decisions
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De Moor and Another v Gunnel NO and Others (2023/101371) [2025] ZAGPJHC 619 (12 June 2025)
The High Court addressed joinder and misjoinder in a will challenge, allowing citation of the executrix in her representative capacity only and refusing personal-capacity citations.
Eugene Prinsloo v Donovan Theodore Majiedt N.O and Another (257/2024) [2025] ZASCA 74 (30 May 2025)
The SCA held that the surviving spouse had to be joined in litigation over whether life insurance proceeds were protected under section 63 of the Long-term Insurance Act.
Nunwana (Mabizela) and Others v Mara Trust and Others (3484/2022) [2024] ZAFSHC 106 (17 April 2024)
The High Court removed a trust-removal application and counter-application from the roll because the Master of the High Court had not been served and must report on the dispute.
De Wit and Others v De Wit and Others (8370/23) [2024] ZAWCHC 101 (10 April 2024)
The High Court dismissed an application to terminate a family trust or remove trustees, finding the applicants had not met the requirements of the Trust Property Control Act.
Mthimunye and Others v Mthimunye and Another (037606/2022) [2023] ZAGPJHC 1405 (4 December 2023)
The Applicants failed to discharge the onus to prove, on a balance of probabilities, that the First Respondent should be removed as executor. The court found that the alleged failures and disputes did not amount to conduct justifying removal under section 54(1)(a)(v) of the Act. The First Respondent had cured any procedural defects, amended documentation to include all beneficiaries, and provided reasonable explanations for asset omissions. Mere disagreements or breakdown in relations between heirs and executor are insufficient for removal unless they impede proper administration. The court a…
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Dunn N.O. v Thompson and Others (12025/2022) [2023] ZAWCHC 281 (14 November 2023)
The court interpreted a family trust deed and held that the deceased estates had no vested right to capital distributions. The respondents' striking out application succeeded.
K.H NO v H Trust and Others (035385/2022) [2023] ZAGPJHC 1146 (6 October 2023)
The High Court dismissed an application to terminate a family trust, holding section 13 was not triggered. It ordered the parties to use the deed’s deadlock procedure.
Ntlekeni v Uberrima Phoenix (PTY) Ltd t/a Uberrima Phoenix Trust Management and Another (40778/2021) [2022] ZAGPJHC 709 (19 September 2022)
The High Court dismissed an application by a trust beneficiary to terminate her trust and receive the capital, finding insufficient evidence of changed circumstances.
De Kock v De Kock N.O. and Others (26288/2020) [2022] ZAGPPHC 440 (15 June 2022)
The High Court dismissed an application to remove trust trustees, hold them in contempt, and appoint an arbitrator concerning access rights to trust property.
Haitas v Froneman and Others [2021] ZASCA 1 (6 January 2021)
The Supreme Court of Appeal held that the conduct of the trustees, while not optimal in all respects, did not justify their removal under section 20(1) of the Trust Property Control Act or at common law. The court found no evidence of impropriety, personal gain, or imperilment of trust assets by the trustees. Disharmony and lack of communication between the trustees and the beneficiary, although regrettable, were insufficient grounds for removal. The trustees' appointment as directors of the trust companies was valid under the Trust Deed, and their actions in making payments to Ms Batista wer…
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