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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 94

M.E.M and Others v K.M N.O. and Others (5111/2023)

M.E.M and Others v K.M N.O. and Others (5111/2023) [2024] ZAFSHC 94 (27 March 2024)

The court found that the applicants failed to establish urgency, as the delays in taking action were not adequately explained and the urgency was self-created. The applicants were aware of the appointment of the executrix and the risks to estate assets for several months but did not pursue available remedies such as a review application or an interdict in a timely manner. The court held that the applicants' concerns regarding the administration of the estate were reasonable and bona fide, but the procedural requirements for urgency were not met. The application was removed from the roll, and…

  • Urgent Interdict
  • Administration Of Estates Act
  • Customary Marriage Recognition
  • Locus Standi
  • Condonation
  • Costs In Estate Litigation
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Land And Property [2014] ZAECPEHC 98

Wren and Another v Master of the Eastern Cape High Court, Port Elizabeth and Another (3727/2012)

Wren and Another v Master of the Eastern Cape High Court, Port Elizabeth and Another (3727/2012) [2014] ZAECPEHC 98 (11 December 2014)

The High Court held that a handwritten note by the deceased was a codicil under section 2(3) of the Wills Act and ordered estate costs.

  • Wills Act Section 2 3
  • Codicil Interpretation
  • Testamentary Intention
  • Costs In Estate Litigation
  • Wills-act-section-2-3
  • Codicils
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.