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…
Source excerpt
- Maintenance Of Minor Children
- Deceased Estate Liability
- Pleading Requirements
- Best Interests Of Child