B.J.D N.O v E.T N.O and Others (22649/2014)
B.J.D N.O v E.T N.O and Others (22649/2014) [2015] ZAWCHC 80; 2016 (4) SA 571 (WCC) (3 June 2015)
The court held that the Maintenance Act applies to executors of deceased estates and that the maintenance court has jurisdiction to make maintenance orders against an executor prior to the finalisation of the liquidation and distribution account. The executor is a 'person' legally liable to maintain a minor child for purposes of the Maintenance Act, and the child's right to maintenance arises from the family relationship, not inheritance. The Administration of Estates Act specifically empowers the executor, with the Master's consent, to release funds for the subsistence of the deceased's fami…
Source excerpt
- Maintenance Of Minors
- Executor Liability
- Administration Of Deceased Estates
- Jurisdiction Of Maintenance Court
- Constitutional Child Rights