South Africa Case Law

Nedbank Limited v Steyn and Others (20085/2014)

Nedbank Limited v Steyn and Others (20085/2014) [2015] ZASCA 30; [2015] 2 All SA 671 (SCA); 2016 (2) SA 416 (SCA) (25 March 2015)

Court

Supreme Court of Appeal

Case number

20085/2014

Judges

Brand, Lewis, Mbha, Meyer, Mayat

The Supreme Court of Appeal held that the claims procedure set out in sections 29, 32, 33, and 35 of the Administration of Estates Act 66 of 1965 does not preclude a creditor from instituting action against the executor or executrix of a deceased estate for a debt owed by the deceased. The Act does not expressly or by necessary implication abolish the common law right to sue the estate. Previous case law interpreting both the current and predecessor statutes supports the continued existence of the common law remedy. The court rejected the argument that the statutory procedure is exclusive, no…

Source excerpt

• Administration Of Estates Act
• Default Judgment
• Mortgage Bond Enforcement
• Claims Procedure
• Common Law Right Of Action