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South Africa decisions
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McCann v McCann and Others (D11184/2024) [2025] ZAKZDHC 30 (21 May 2025)
The court held that a widow and sole heir could seek temporary preservation of estate assets before executor appointment, but confirmed relief only against the first respondent.
Scholtz and Another v De Kock NO and Others (312/2023) [2024] ZASCA 132 (2 October 2024)
The Supreme Court of Appeal held that Ms Scholtz did not owe a duty to account to the deceased's estate or its beneficiaries for the R5 600 000 received from the RAF. The mere deposit of funds into her attorney's trust account did not establish a fiduciary relationship requiring accounting, as no mandate agreement existed. Any fiduciary duty was limited to the brief period the funds were in the trust account, and Ms Scholtz had fully accounted for their transfer to the investment account. The subsequent management and disbursement of the funds were governed by a personal arrangement between t…
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Standard Bank of South Africa Limited v July and Others (525/2017) [2018] ZASCA 85 (31 May 2018)
The Supreme Court of Appeal held that the Beningfield exception, as approved in Gross & others v Pentz, applies to the present case. Where the executor of a deceased estate is deceased and no replacement has been appointed, beneficiaries with a vested or contingent interest in the estate have locus standi to claim estate assets directly from persons in possession. The court found that requiring the appointment of a new executor would impose an unnecessarily cumbersome process on the beneficiaries, especially given the passage of time and the circumstances of maladministration. The respondents…
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Breetzke and Others v Alexander and Others (12922/14) [2015] ZAKZPHC 44 (8 September 2015)
The High Court upheld an exception in a trust dispute, holding that the plaintiffs lacked locus standi for a representative action because a direct action was available.
Gross and Others v Pentz (414/95) [1996] ZASCA 78; 1996 (4) SA 617 (SCA); [1996] 4 All SA 63 (A); (22 August 1996)
The court considered whether a trust beneficiary could sue for breach of trust where a co-trustee did not institute proceedings, focusing on locus standi and the Beningfield exception.
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