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South Africa Case Law

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Family And Children [2024] ZAGPPHC 523

L.L v A.J.M and Others (014357/2022)

L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523; 2025 (1) SA 455 (GP) (7 June 2024)

The court held that the obligation to support minor children extends to the deceased estate and is not contingent on the surviving parent's inability to maintain them. The authorities relied upon by the defendants, which suggest that a claim only arises if the surviving parent cannot support the children, are either obiter or wrongly decided and are declined to be followed. The particulars of claim need only set out the material facts necessary to disclose a cause of action, not the evidence or facta probantia. The defendants are able to plead to the case as presented, and the failure to plea…

  • Maintenance Of Minor Children
  • Deceased Estate Liability
  • Pleading Requirements
  • Best Interests Of Child
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Civil Procedure [2012] ZAGPJHC 95

Nedbank Ltd v Samsodien NO (47945/2010)

Nedbank Ltd v Samsodien NO (47945/2010) [2012] ZAGPJHC 95; 2012 (5) SA 642 (GSJ) (14 May 2012)

The court held that the statutory claims procedure under the Administration of Estates Act does not preclude a creditor from exercising common law rights to enforce payment against a deceased estate. The authorities overwhelmingly support the view that creditors may proceed with enforcement, and the contrary interpretation in McNicol v Delport NO was rejected. The court was satisfied that the requirements for default judgment were met and granted judgment as claimed, including leave to execute against the deceased's property.

  • Administration Of Estates Act
  • Default Judgment
  • Mortgage Enforcement
  • Deceased Estate Liability
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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.